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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2025 IP Practice in Japan Pre-Meeting - Rancho Mirage, CA
January 27 to 28, 2025
The IP Practice in Japan Committee is planning a pre-meeting before the 2025 Leadership Forum. The program will run a full-day on Monday, January 27 and in the morning for half-day on Tuesday, January 28. -
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 Patent Prosecution Boot Camp - Arlington, VA
March 5 to 7, 2025
Register today and don't miss out! The 2025 Patent Prosecution Boot Camp 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. -
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.