Tag Archives: First-to-File

Policy Considerations: The On-Sale Bar for Secret Processes

August 15, 2024PatentAIA, Federal Circuit, First-to-File, International Harmonization, Metallizing Engineering, On-Sale Bar, paid, Patent Invalidity, patent litigation, patent policy, Patent Term, prior art, Prior User Rights, public disclosure, Secret Prior Art, Trade SecretsDennis Crouch

by Dennis Crouch

In light of the Federal Circuit's recent decision in Celanese v. ITC, it's worth examining the policy implications of maintaining a strong on-sale bar that extends even to invalidate patents on secret processes when the resulting products have been commercialized. This rule is rooted in pre-AIA jurisprudence and is now affirmed under the AIA.

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