Analysis

Fed. Circ. Suggests AIA May Not Have Weakened On-Sale Bar

Law360, New York (May 3, 2017, 8:34 PM EDT) -- The Federal Circuit has declined to issue a broad ruling on whether the America Invents Act altered the on-sale bar rule, which specifies that sales made before a patent application is filed can render the patent invalid, yet its holding that sales that don't publicly disclose an invention can invalidate a patent suggests the rule may not have lost its teeth, attorneys say.

Courts have long held that in addition to traditional public sales, secret or private sales also trigger the bar, and the briefs in...
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