It has been almost two years since the Supreme Court decision in Helsinn on whether private sales by an inventor more than one-year before the first filing date remain prior art after the AIA. District courts have started to grapple with the impact of Helsinn on related question about on-sale prior art and are coming up with different answers for different fact patterns: What if the sale is by the inventor, but less than one year before the effective filing date?  What if the sale is a private sale of a prototype to the inventor, not by the inventor?  What if the sale is a private sale by a third party before the effective filing date, and what if that third party is later a defendant in an infringement suit? If the private sale is only an offer for sale, who makes the invention “ready for patenting” in order to qualify as being on sale?  And, what if any of these fact patterns need to be submitted to the USPTO to satisfy your duty of candor, and, if you do need to submit something, how do you accomplish that submission and still protect the confidentiality of your client’s private communications. Learn from the authors of the Prior Art After the AIA Guidebook how to spot these kinds of on sale issues, and how to do your best to avoid having one backfire on you or your clients.

Presented by:  Brad Pederson of Patterson Thuente Pederson, P.A. and Gregory Allen of The Law Offices Of Gregory Allen, PC

This event is free to AIPLA members who are not requesting CLE. Standard webinar pricing applies to those requesting CLE. CLE is included for our All Access Pass holders and Corporate Subscribers.

Pricing below only applies to those requesting CLE

In response to Covid-19, AIPLA has put in-place a new process for Multiple Attendee Site registrations that allows each site registrant to participate in the webinar independently.

Special rate for AIPLA SOLO PRACTICE/SMALL FIRM MEMBERS:  $65
Special rate for AIPLA STUDENT MEMBERS:  $10

Registration includes:

• For multiple-attendee sites, each registered participant will receive individual logins due to Covid-19 social distancing requirements.
• CLE certification/processing for applicable states.  Reference CLE Information below for complete details.  
• Webinar materials, including complete CLE processing information, accessible 24-48 hours before webinar date.

Cancellation Policy:

To get full refund, registrant must request refund five (5) days prior to live event. If less than five (5) days, registrant is transferred to product. 

System requirements: 

Webinar access is compatible with any Windows 7 or later computer, Android OS devices, or Apple/iOS devices.  Check system compatibility here.

Accessibility for hearing impaired:

AIPLA’s webinars are available and accessible to individuals who are hearing impaired. If anyone at your location would like to know more about accommodations, please contact cle@aipla.org. We ask that you let us know at least 7 business days out from the webinar, to ensure that we can identify and deploy the solution that best fits our registrants needs.

CLE INFORMATION 

AIPLA is a pre-approved CLE provider with the following states:

• Alaska
• California
• New Hampshire
• New Mexico
• New York
• Pennsylvania
• Vermont

AIPLA has applied for CLE accreditation in the following states: 

CLE Restrictions: 

ATTENTION attorneys in Louisiana, Ohio, Pennsylvania and Utah

These states mandate attorneys can only view a webinar independently at their own computer to receive CLE credit.  Multiple attendees prohibited.

ATTENTION attorneys in Arizona

Arizona does not certify courses or providers. Arizona lawyers are required to independently review AZ's regulations and make their own determination that it qualifies for credit towards their MCLE requirements. MCLE Regulation 104(A) identifies the standards to apply.  AIPLA will email an attendance affidavit to registrants requesting AZ CLE credit after the webinar.

ATTENTION attorneys in New Hampshire

New Hampshire attendees must self-determine whether a program is eligible for credit, and self-report their attendance according to NH Supreme Court Rule 53.  The New Hampshire Minimum Continuing Legal Education (NHMCLE) Board does not approve or accredit CLE activities for the NH Minimum CLE requirement.  AIPLA will email an attendance affidavit to registrants requesting NH CLE credit after the webinar.   

 Disclaimer:  AIPLA is a nonprofit national bar association.  The sole purpose of this CLE program is to provide educational and informational content.  AIPLA does not provide legal services or advice.  The opinions, views and other statements expressed by contributors to this CLE program are solely those of the contributors.  These opinions, views and statements of the contributors do not necessarily represent those of AIPLA and should not be construed as such.

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