Secret Prior Art to AIA Patents After Helsinn v. Teva
Program Number
Program Date
CLE Credits
In 2011, Congress totally rewrote the Patent Act's definition of prior art. By replacing the traditional "first-to-invent" system with a "first-inventor-to-file" system, the concept of what was considered prior art was substantially changed. In doing so, Congress kept some familiar concepts like "on-sale" in the Act, but included a catchall qualifier of "otherwise available to the public". Conventional wisdom was that "on-sale" prior art would not include non-public information. This past term, a unanimous Supreme Court in Helsinn Healthcare SA v. Teva Pharmaceuticals USA, Inc., found otherwise, and affirmed a holding by the Federal Circuit that a confidential sale of an invention ready for patenting was still prior art -- even if it was not "otherwise available to the public". ** In this webinar, our speaker will: Describe the background and holding in Helsinn - Discuss the current state of the law on when a sale becomes prior art - Discuss the implications of Helsinn on other types of prior art under the AIA.
Available in States
- California
- Georgia
- New Jersey
- New York
- Texas Self Study
Program Categories
- Complex Litigation
- Constitutional Law
- Corporate and Securities Law
- Intellectual Property Law
- Litigation & Litigation Skills
- Litigation and Appeals
- Media & Communication Law
- Patent Law
- Trademark Law
PROGRAM CREDITS
- Areas of Professional Practice : 1 Credit
