Have you inadvertently or unwittingly placed your invention on sale or can you salvage it through proof that it was still in the experimental phase and not ready for patenting or that there was not an offer or a sale for commercial exploitation? The panel will explore the recent Supreme Court holding in Helsinn v. Teva (2019) bearing on public versus private sales. It will then explore the holdings in other recent and important cases, such as Medicines Co. v. Hospira, Inc., (Fed. Cir. 2016) (“Medicines I”) and Medicines v. Hospira, (Fed. Cir. 2018) (“Medicines II”), considering the optics in determining whether a transaction bears the hallmarks of a commercial contract for sale, whether sufficient control and experimentation by the inventors has occurred to establish the invention was not ready for patenting, whether the supplier/contractor exception should apply to negate an on sale bar, and finally how courts have assessed the prior art effect, if any, of a third party, private sale of the invention.

Have you unwittingly placed your invention on sale or can it be salvaged as experimental or not a commercial exploitation?

Macromolecular Chemistry: The Second Century

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ACS Spring 2020 National Meeting & Expo

The official archive and repository for all ACS Meetings & Expositions abstracts and select posters or presentations.