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Confidentially Protected Offers or Sales Provide Little Protection

December 16, 2014
Lori-Ann Johnson

In an article published in InsideCounsel on Dec. 16, 2014, Lori-Ann Johnson discusses sales and offers for sale of inventions before and after the America Invents Act (AIA). The article describes public and secret transactions that had once triggered a one-year clock for filing a patent application, and for which the AIA offers a grace period. Johnson advised companies’ sales staffs to take advantage of this grace period while the AIA awaits judicial interpretation, and how despite what the PTO recommends, confidentiality agreements may not provide the seller much protection. For the full article, subscribers may click here.