In Helsinn Healthcare v. Teva Pharmaceuticals (Fed. Cir. 5/1/17), the Federal Circuit held that under the America Invents Act (AIA), if the existence of the sale is public, the details of the invention need not be publicly disclosed for the on sale bar to apply. The Federal Circuit made clear that to the extent that the existence of an offer for sale of the invention is public, … [Read more...]
Offer for Sale
An offer for sale is one of the three bars to patentability that starts the one year grace period for filing a patent application.
Summary The time between conception of a product and marketing of that product has many landmines that can destroy an inventor’s ability to obtain patent protection. In The Medicines Company v. Hospira, Inc. (Fed. Cir. 2015), The Medicines Company’s patent was invalidated for being on sale for more than one year even though no product was sold to a customer. The Medicines … [Read more...]
Startups are always worried that they might do something that will jeopardize their ability to seek patent protection for their idea or invention. One area that startups and inventors often falter is in the bars to patentability. There are three bars to patentability. They are the offer for sale, public use and the printed publication. Upon the first instance of any one … [Read more...]
Inventors are not required to file a patent application before marketing their invention (i.e., product or service) to others. However, doing so is not the recommended course of action because the inventor could lose their patent rights due to the first to file rule. A third party may see the invention, make a slight modification to the invention and file a patent application. … [Read more...]
Choice between patents or trade secrets Inventions may be protected either through trade secret or patent. Inventions that are accessible to the public and can be reversed engineered cannot be protected through trade secrets. Trade secret protection requires that the information remain a secret. In these cases, the invention must be protected through patents. … [Read more...]