Confidential sales can trigger the on-sale bar to patentability
Abstract: The U.S. Supreme Court has unanimously defeated an attempt to limit the on-sale bar in cases where an invention was sold under a confidentiality agreement. This article looks at why the secrecy about the details might keep the sale from public knowledge, but it can still block a patent under the America Invents Act (AIA). Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229, Jan. 22, 2019, U.S. Sup. Ct.