article thumbnail

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. The “on-sale bar” was the statutory hook that prevented an inventor from commercially exploiting a secret invention for several years and then also obtaining a patent monopoly.

Patent 40
article thumbnail

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016.

article thumbnail

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses. March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions.