Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?
Patently-O
MARCH 4, 2024
In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. Gore & Assocs., Garlock, Inc. , 2d 1540 (Fed.
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