Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

By Derrick Carman

August 22, 2024

On July 30, the U.S. Court of Appeals for the Federal Circuit clarified the bounds of what constitutes a "public" disclosure under Title 35 of the U.S. Code, Section 102, in Sanho Corp. v. Kaijet Technology International Limited Inc.1

The court held that a private sale is not a public disclosure, limiting the ability of patentees to avoid otherwise invalidating prior art.

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