New York Partner Joseph A. Farco authored an article examining the dangers of invalidating patents due to manufacturing and distribution agreements. Farco notes, “The safest route to avoiding potential invalidating offers for sale is by filing a patent application well before negotiating or entering into a manufacturing and/or distribution agreement. If manufacturing is necessary before filing, then make sure the agreement is specific to manufacturing services and is not aimed at sales of a product or method; this includes making sure vendor invoices reflect the services and not product sales or title transfer.”
To read the full article, click here. Reprinted with permission from the November 2018 issue of Intellectual Property & Technology Law Journal.