How does AIA 35 U.S.C. 102(a)(1) treat secret commercial use or sale?
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…
Read MoreHow does the AIA treat “on sale” activities as prior art?
The AIA’s treatment of “on sale” activities as prior art under 35 U.S.C. 102(a)(1) is similar to pre-AIA law, but with some important changes. The MPEP provides guidance on this topic: “The phrase ‘on sale’ in AIA 35 U.S.C. 102(a)(1) is treated as having the same meaning as ‘on sale’ in pre-AIA 35 U.S.C. 102(b).”…
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