Blog: Protecting Businesses and Their Owners

SCOTUS Finds An Inventor’s Sale of Product to Third Party can Qualify as Prior Art 35 U.S.C. § 102(a)

SCOTUS Finds An Inventor’s Sale of Product to Third Party can Qualify as Prior Art 35 U.S.C. § 102(a)

In short, the Court found that the sale of an invention to a third party who is obligated to keep the invention confidential by agreement may place the invention “on sale” for purposes of the Leahy‑Smith America Invents Act (AIA), which bars a person from obtaining a patent on an invention that was Ain public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 

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