In the case of Helsinn Healthcare SA v. Teva Pharmacueticals USA, Inc., the Court of Appeals for the Federal Circuit confirmed that the America Invents Act did not change the “on-sale bar” to patenting an invention. The Court confirmed that, as with the Patent Act before amendment by the America Invents Act, even a non-public sale of the invention more than one year prior to filing a patent application for the invention bars patenting of the invention.

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