Recent Blog Posts

A Confidential (Secret) Sale of an Invention Qualifies as Prior Art

On January 22, 2019, the Supreme Court unanimously decided Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al. holding that “[a] commercial sale to a third party who is required to keep the invention confidential may place the invention ‘on sale’ under §102(a).” The “on sale” provision of the America Invents Act precludes a person from […]

USPTO: Status of Government Shutdown

As of now, the USPTO is operating on previously appropriated funds. Although the USPTO is self-funded via its fees, it cannot spend the money it takes in unless those funds have been appropriated. Therefore, when the current appropriated funds are depleted, the USPTO will cut back to minimal operation. It will receive filings but applications will not be examined. […]