Many commentators and the US Patent & Trademark Office initially interpreted America Invents Act (AIA) section 102(a) as fundamentally changing the "on-sale" bar by requiring an offer for sale to make the "claimed invention . . . available to the public" in order to constitute a prior art event. The US Supreme Court, however, recently confirmed in <i>Helsinn v. Teva</i> that the law may remain substantially unchanged. Join registered patent attorney Justin Krieger in discussing the nuances of the on-sale bar under the AIA as interpreted by this important Supreme Court decision. This presentation will provide an overview of the on-sale bar before and after enactment of the AIA, secret offers for sale, geographical considerations and the AIA grace period.

Inventions for sale? Navigating the on-sale bar under the America Invents Act

2019 Fall National Meeting

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