Patent Update: Will Secret Sales Be a Bar to a Patent? | AIChE

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Patent Update: Will Secret Sales Be a Bar to a Patent?

Patent Update

In one of its rare forays into patent law, the U.S. Supreme Court redefined one type of prior art (i.e., the pre-existing disclosures or commercial activities that can invalidate a patent), narrowing the opportunities for inventors who engage in commercial activities prior to filing for a patent. The case is Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., et al., and the patent involved was Helsinn’s U.S. Patent No. 8,598,219, “Liquid Pharmaceutical Formulations of Palonosetron,” issued on Dec. 3, 2013.

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