Does Sale Of Confidential Invention Prevent Its Patenting? US Supreme Court Will Review

Helsinn v. Teva challenges whether inventor's sale of an invention to a third party that must in turn keep the invention secret makes it unpatentable; America Invents Act amended "on-sale" bar provision.

US Supreme Court building with 2nd statue on right

The US Supreme Court is tackling a question that could have a major impact on biopharma patent owners: Does the sale of a secret invention to a third party trigger the on-sale bar to patenting under the America Invents Act?

In its June 25 orders, the Supreme Court granted Helsinn Healthcare SA's (Helsinn Group) petition for certiorari, Helsinn v. Teva Pharmaceuticals USA Inc., which challenges the US Court of Appeals for the Federal Circuit's reading of the America Invents Act (AIA)

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