September 26, 2013
Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “On-Sale Bars Under the America Invents Act: Avoiding Pitfalls.” The webinar will take place on Thursday, Sept. 26, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
For inventors, patent owners, and accused infringers, some of the most critical changes introduced by the Leahy-Smith America Invents Act (“AIA”) were made to the heart of the patent statute, 35 U.S.C. §102, covering novelty and priority. Depending on how courts interpret the AIA’s new §102, there may be changes to a fundamental novelty doctrine: the on-sale bar. Under pre-AIA law, §102(b) barred patentability for an invention that was sold or offered for sale more than one year before the inventor applied for a patent, even if the sale or offer was kept secret from the public. In one interpretation of the AIA’s §102, only public sales or offers for sale would trigger an on-sale bar. The debate is ongoing, but the practical outcome will be significant to inventors and litigants alike.
During this webinar, we will discuss these topics and more:
- The on-sale bar under pre-AIA law
- The language of the AIA’s §102 and potential interpretations related to the on-sale bar
- Whether the legislative history of the AIA sheds light on the issue
- How the USPTO has interpreted the on-sale bar under the AIA
- Best practices to cope with an unclear future
Our speakers will be Fitch Even attorneys Joseph F. Marinelli and David A. Gosse. Joe has a diverse intellectual property law practice covering all aspects of IP creation, management, enforcement, and licensing, with a particular emphasis on complex litigation. Dave’s practice includes invention and patentability analysis, patent drafting and prosecution, with a special focus on IP litigation.
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