August 20, 2013

“How Fed. Circ. May View Post-AIA Invention Sales Offers,”Law 360, August 20, 2013

By Derek Richmond, Of Counsel

In its Aug. 14, 2013, decision, the Court of Appeals for the Federal Circuit invalidated a number of patent claims on the basis of an offer to sell the claimed invention that occurred more than one year before the effective filing date of the patent.Hamilton Beach Brands Inc. v. Sunbeam Products Inc., No. 2012-1581 (Aug. 14, 2013).

Judge Jimmie Reyna dissented, arguing that an offer for sale must be a commercial offer to trigger the on-sale bar and that the sale in this case, from a supplier to the patent owner, did not qualify.

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