U.S. Supreme Court Holds that the AIA Did Not Change the Scope of the On-Sale Bar

On January 22, 2019, the U.S. Supreme Court held that “secret sale” of an invention to a third party obligated to keep it confidential is prior art and that AIA did not change the law on “on sale” bar when “or otherwise available to the public” was added to 35 USC § 102(a)(1).