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Intellectual Property Law

Coleman & Horowitt has one of the premier intellectual property and technology law practices in California. The firm provides a wide range of services for the protection of the intellectual property of our clients. We have expertise in technology law, online defamation, defense, and Section 230 matters, start ups, and other issues facing start-ups.

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.