Celesq® Upcoming Webcasts

Date Published: 06/13/2019

Secret Prior Art to AIA Patents After Helsinn v. Teva

In 2011, Congress totally rewrote the Patent Act's definition of prior art. By replacing the traditional "first-to-invent" system with a "first-inventor-to-file" system, the concept of what was considered prior art was substantially changed. In doing so, Congress kept some familiar concepts like "on-sale" in the Act, but included a catchall qualifier of "otherwise available to the public". Conventional wisdom was that "on-sale" prior art would not include non-public information. This past term, a unanimous Supreme Court in Helsinn Healthcare SA v. Teva Pharmaceuticals USA, Inc., found otherwise, and affirmed a holding by the Federal Circuit that a confidential sale of an invention ready for patenting was still prior art -- even if it was not "otherwise available to the public". ** In this webinar, our speaker will: Describe the background and holding in Helsinn - Discuss the current state of the law on when a sale becomes prior art - Discuss the implications of Helsinn on other types of prior art under the AIA.

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