Transactions Triggering the 35 USC §102 On-Sale Bar

Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.

11 minute read July 01, 2017 at 12:02 AM

Pinar Bailey

Transactions Triggering the 35 USC §102 On-Sale Bar

The U.S. Court of Appeals for the Federal Circuit recently analyzed whether case law discussing the scope of the on-sale bar under 35 USC §102 as it stood prior to the America Invents Act (AIA) still applies to the revised §102 under the AIA.

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