1-Year Grace Period for On Sale Bar in Question
One of the most significant changes of the America Invents Act ("AIA") was the change to the novelty requirements under 35 USC 102. Since its enactment, most practitioners interpreted 102 as allowing for a 1-year grace period for both disclosures and commercial activities of the inventor. A Supreme Court decision last week has created uncertainty for this interpretation. The relevant portions of 35 USC 102 are as follows: (a) Novelty; Prior Art.—A person shall be entitled t