Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir., No. 16-1284 and -1787, amicus brief filed 5/2/2016
The America Invents Act amendment to 35 U.S.C. §102(a)(1), adding the list of patent-barring events the phrase “or otherwise available to the public,” imposes a public-availability requirement to the on-sale bar, AIPLA argued to the Federal Circuit in a May 2, 2016 amicus brief.
According to the brief, eliminating a secret sale from that list is consistent with the purpose of encouraging prompt filing and discouraging extensions of period of exclusivity and with the legislative goals of increasing objectivity, predictability, simplicity, and transparency in the acquisition and enforcement of patent rights.
According to the brief, eliminating a secret sale from that list is consistent with the purpose of encouraging prompt filing and discouraging extensions of period of exclusivity and with the legislative goals of increasing objectivity, predictability, simplicity, and transparency in the acquisition and enforcement of patent rights.
Upcoming Events
-
Partnering in Patents - Mechanical Arts
November 13, 2024 8:30 AM to 4:45 PM | No CLE
Learn and share ideas about mechanical disciplines at the Technology Centers (TC) 3600 and 3700 and American Intellectual Property Law Association (AIPLA) Customer Partnership Meeting on Wednesday, November 13, from 8:30 a.m. to 4:45 p.m. ET, at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. The meeting will feature perspectives from USPTO examiners, practitioners, and the industry, focusing on better examiner-practitioner interactions for high-quality patents. We'll address topics such as: Artificial intelligence (AI) subject matter eligibility USPTO search tools Drafting patent specifications Approaches to examiner interviews in the mechanical arts -
2025 Leadership Forum
January 29 to 30, 2025
AIPLA Leadership Forum – Elevate Yourself, Inspire the Future. This invitation-only two-day program will address building strong leadership skills for all levels of experience. More details coming soon. -
2025 AIPLA Spring Meeting
May 13 to 15, 2025
Save the Date! The 2025 Spring Meeting is a 2.5 day conference focused on trending topics in IP law. Registration opens February 2025.