Federal Circuit: On-Sale Bar Still Applies to Secret Use of a Patented Method Under AIA

September 9, 2024International Trade Commission, America Invents Act, Patent Law

The Federal Circuit recently affirmed an ITC holding that the AIA’s § 102 on-sale bar applies to the sale of a product made according to a secret process when that sale occurs more than one year before the patent’s effective filing date. In so doing, the court confirmed that, despite changes to the text of § 102, the AIA did not undo long-settled pre-AIA precedent that the on-sale bar applies when, before the critical date, a party sells products secretly made using a patented process.

Read More

Get the latest updates on intellectual property law delivered to your inbox.

IP Newsflash

Keeping you updated on recent developments in Intellectual Property law.