Avoid On-Sale Bar by Filing Early Both in the United States and China Post-Helsinn.
- Resource Type
- Article
- Authors
- JiaZhen (Ivon) Guo; Logan, Janice H.; Weixian Zhu
- Source
- Landslide; Jan/Feb2020, Vol. 12 Issue 3, p36-40, 5p
- Subject
- ON-sale bar (Patent law)
PATENT law
PATENT applications
- Language
- ISSN
- 19427239
The article examines the "on-sale bar" standard in China and how U.S. businesses should apply Helsinn decision and why they are encouraged to file early patent applications in both the U.S. and China. It mentions that Leahy-Smith America Invents Act (AIA) claims that an inventor is precluded from obtaining a patent if invention is "on sale" before the effective filing date; and presents ruling of the U.S. Supreme Court in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc court case.