McDonnell Boehnen Hulbert & Berghoff LLP partner Joseph Herndon and senior patent agent James Korenchan co-authored an article entitled, “Pre-AIA And Post-AIA Issues Presented By The On-Sale Bar” that appears in the August 11, 2016 online edition of Law360.com. The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America Invents Act, which altered the language in the statutes that apply to the on-sale bar, has made it difficult to determine what actions might constitute a “sale” or an “offer for sale” under current law. View the article
Note: an original version of this article appears in the MBHB Spring 2016 edition of snippets publication.