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Supreme Court Holds That AIA On-Sale Bar Applied to Secret Sales

Author: Reza Mollaaghababa

1/28/2019

Read the full post at Post-Grant Counsel

Supreme Court Holds That AIA On-Sale Bar Applied to Secret Sales

In an inter-partes review proceeding (IPR), a challenger can rely only on patents and printed publications to challenge the validity of a patent claim. In contrast, in a post grant review (PGR) proceeding, a challenger can rely on any ground related to patentability, including prior sale, to challenge a patent claim. In particular, 35 U.S.C. §102(a)(1) bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.”

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