Yes, A Secret Process Can (Still) Create an On-Sale Bar
IP Tech Blog
FEBRUARY 9, 2022
the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.
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