Federal Circuit: Private Sale by Inventor Does Not Trigger Prior Art Exception Under the AIA
March 24, 2025Federal Circuit, Patent Trial & Appeal Board, IPRs, Inter Partes Review, Patent Litigation
The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) final written decision holding that the prior art exception of AIA Section 102(b)(2)(B) does not apply to a prior sale by an inventor when the sale is conducted in private. According to the Federal Circuit, a sale must disclose the relevant aspects of the invention to the public to qualify for the prior art exception of Section 102(b)(2)(B).
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