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

June
,
2019

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.

Author Bios: 

M. Henry Heines

M. Henry Heines, PhD, JD, (Email: mhheines@comcast.net; Website: http://henryheines.com) is a patent attorney and an author, speaker, and consultant on patent-related topics for lawyers, as well as for scientists, engineers, and managers in technology companies, and has served as an expert witness in patent litigation. He began his career as a research engineer in the chemicals industry and worked in corporate patent practice before entering private practice, including 25 years as a partner in the firm now...Read more

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