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Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Celanese sued Jinhe for patent infringement at the International Trade Commission (ITC). But, the problem is that the statute expressly asks whether the invention was “on sale.”

Patent 40