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
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2026 AIPLA Virtual Corporate Practice Institute
January 13 to 20, 2026 | Up to 360 Minutes of CLE
The Corporate Practice Institute is not a bootcamp. This program provides in-depth insight for in-house corporate counsel and agents to learn about wide ranging legal issues affecting their practice from experienced practitioners. It is designed for experienced in-house attorneys and new in-house attorneys learning to manage new corporate environments and challenges not taught in law schools or private practice. The Institute also helps private practice attorneys, especially associates, prepare for potential in-house career moves. The program also provides valuable networking opportunities to connect with each other and learn from each other's experiences. This online, CLE-program spans two half-days, from Noon – 5:00 pm Eastern and includes 3 one-hour education sessions and a networking session each day. -
2026 IP Transactions Bootcamp
February 12, 2026
This in-person bootcamp is designed to provide practical insights and strategies for professionals working in intellectual property transactions. The day features a comprehensive agenda including: Panels and CLE Sessions: Learn about Working with Tech Transfer Offices, Strategies for successful collaborations between nonprofits and industry, and Protecting and monetizing an AI asset. Drafting and Negotiating Tips: Get practical advice on drafting and negotiating strategic collaboration and license agreements. Hands-on Workshop: Participate in a Mock licensing negotiation to put your skills to the test. Networking: Conclude the day with a dedicated Networking reception. -
2026 Patent Prosecution Bootcamp - Arlington, VA
March 4 to 6, 2026 | Up to 1235 minutes, including 60 Ethics minutes
The 2026 Patent Prosecution Bootcamp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on U.S. and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions. -
2026 Spring Meeting - San Francisco, CA
May 13 to 15, 2026
We’re excited to welcome you to the 2026 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. San Francisco is ready for your ideas, energy, and passion for IP! -
AIPLA 2026 Annual Meeting
October 29 to 31, 2026
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2026 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 28. Programming scheduled October 29 - 31.