Posts Tagged: statutory bar


PTAB fails to decide IPR within 1-year statutory deadline

According to 35 U.S.C. § 316(a)(11), the PTAB is required to issue a final determination in an inter partes review not later than 1-year after the date …
By Gene Quinn
3 years ago 13

No On-Sale Bar From Manufacturing Agreement Without An Actual Sale of the Invention

The Federal Circuit, sitting en banc, unanimously reversed the prior panel, holding that MedCo was not barred from seeking its patents due to a commercial sale under § 102(…

Hamilton Beach Brands v. Sunbeam Products: CAFC Says Manufacturer Supplying Innovator Creates a pre-AIA 102(b) Sale

The issue of interest in this case centered around whether there was a pre-AIA 102(b) on-sale bar. You might expect such issues not to be worthy of …
By Gene Quinn
7 years ago 4

The Impact of the America Invents Act on the Definition of Prior Art

While the search for prior art won't likely be impacted, the value of the prior art located will be dramatically impacted according to Ken Hattori, partner in …
By Gene Quinn
7 years ago 8

Patent Truth and Consequence: File First Even in the U.S.

The date of invention relates to your conception. This is true whether you are engaging in an interference proceeding seeking to obtain a claim instead of another …
By Gene Quinn
9 years ago 19

Q & A: File a Patent Application Before Market Evaluation?

Below is a question that we received recently, which is one that many folks likely have. Thus, I thought it might make a good article, particularly given …
By Gene Quinn
10 years ago 22

The Risk of Not Immediately Filing a Patent Application

Everyone views the world through a prism, and the prism I look through is different than the prism others look through.  That should hardly come as a …
By Gene Quinn
10 years ago 8