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.