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 Helsinn v. Teva 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.
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