Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229, amicus brief on the merits supporting neither party, filed 9/4/2018.
The Federal Circuit erred in construing the on-sale provisions of 35 USC 102 by failing to recognize that a sale creates a prior art disclosure only if the sale makes the claimed invention “publicly available,” AIPLA argued in a September 4, 2018 amicus brief to the Supreme Court.
When Congress enacted the AIA, it replaced the prompt filing inducement of patent forfeiture with the prompt filing inducement of a first-inventor-to-file system, but retained the policy of deterring actions (such as sale or public use) by prescribing circumstances when such actions become prior art against the claimed invention.
This feature of the legislation advanced the AIA objectives of bringing U.S. law closer to patent systems around the world and of making the U.S. patent system simpler, more objective, and more transparent than a first-to-invent system.
When Congress enacted the AIA, it replaced the prompt filing inducement of patent forfeiture with the prompt filing inducement of a first-inventor-to-file system, but retained the policy of deterring actions (such as sale or public use) by prescribing circumstances when such actions become prior art against the claimed invention.
This feature of the legislation advanced the AIA objectives of bringing U.S. law closer to patent systems around the world and of making the U.S. patent system simpler, more objective, and more transparent than a first-to-invent system.
Upcoming Events
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World IP Day 2025
April 30, 2025 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on April 30 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2025. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Music: Feel the Beat of IP.” -
2025 Spring Meeting - Minneapolis, MN
May 13 to 15, 2025
We’re excited to welcome you to the 2025 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. Minneapolis is ready for your ideas, energy, and passion for IP!