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U.S. Supreme Court,
International Law

Oct. 8, 2018

Secret sales and prior art

This term, the Supreme Court will consider whether, under the America Invents Act, a secret prior sale can invalidate a patent.

Craig E. Countryman

Principal
Fish & Richardson PC

Email: countryman@fr.com

See more...

Shutterstock
The Patent Act has long prohibited someone from patenting an invention that was already "on sale" over a year before the patent application was filed. A prior sale invalidated the patent if the existence of the sale was public, even if what was sol...

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