29
Aug
A decision from the Federal Circuit published August 12, 2024 (Celanese Int’l Corp. v. ITC, Appeal No. 2022-1827) definitively answers a question pondered by many since the America Invents Act (AIA) came into being more than a decade ago: does selling a product made by a secret process more than a year before filing a patent application render claims to that process unpatentable under the “on-sale bar?”
History and the Decision
Celanese obtained a patent for a process of making an...