Federal Circuit Confirms Application of the Pre-AIA on-Sale bar to AIA Patents
On August 12, 2024, the United States Federal Circuit held that the enactment of the America Invents Act did not constitute a foundational change in the on-sale bar provision under 35 U.S.C. § 102(a)(1), finding the sale of products made using a secret process triggers the on-sale bar under pre-AIA precedent.1 The Court therefore affirmed the International Trade Commission’s invalidation of Celanese’s patents because Celanese sold products made using the patented process more than one year before the effective filing dates.2
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