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An impermissible sale has occurred if there was a definite sale, or offer to sell, more than 1 year before the effective filing date of the U.S. application and the subject matter of the sale, or offer to sell, fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art. Ferag AG v.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims. Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct.
The America Invents Act didn't change meaning of the law, which requires patenting an invention within one year of a public or private sale, the justices ruled. Pharma Companies Lose 'On Sale ...
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Kodak Announces Sale of Patents Consortium organized by Intellectual Ventures and RPX Corporation to pay approximately $525 million for purchase and licenses of patents Builds on Kodak's momentum ...
Wells Electronics, Inc., 525 U.S. 55 (1998), was a decision by the Supreme Court of the United States that determined what constituted being "on sale" for the purposes of barring the grant of a patent for an invention.
During this initial phase, sometimes termed "patent preparation", the practitioner may also seek to determine precisely who contributed to the making of the invention. A prior public disclosure of the invention (or a sale offer) or an incorrect listing of inventors may incurably invalidate any patent that might result from an application.