Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Described In A Printed Publication (1)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
MPEP 2100 – Patentability (2)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
MPEP 2152.02 – Prior Art Under Aia 35 U.S.C. 102(A)(1) (Patented (1)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
MPEP 2152.02(D) – On Sale (1)
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
On Sale (1)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
Or In Public Use (1)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
Or Otherwise Available To The Public) (1)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
Patent Law (2)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
Patent Procedure (2)
Under AIA 35 U.S.C. 102(a)(1), secret commercial use or sale can still qualify as prior art, similar to pre-AIA law. The Supreme Court clarified this in the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case.
As stated in the MPEP:
“In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 628, 129 USPQ2d at 1193 (2019), the Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under [AIA 35 U.S.C.] § 102(a).’”
This means that:
- A sale or offer for sale that does not publicly disclose the invention can still be prior art
- Confidential sales or commercial uses can potentially bar patentability
- The interpretation is consistent for both AIA and pre-AIA applications
Inventors and businesses should be aware that secret commercial activities could impact patent rights, even if the invention itself is not publicly disclosed.
To learn more:
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more: