In Helsinn Healthcare S.A. v Teva Pharmaceuticals USA Inc., 586 U. S. ____ (2019), the U.S. Supreme Court unanimously held that a commercial sale to a third party who is required to keep the invention confidential may place the invention “on sale” under the Leahy-Smith America Invents Act (AIA). Pursuant to the on-sale bar, an invention is ineligible for patent protection if it has been offered for sale for over one year prior to the patent filing.
