What constitutes a commercial offer for sale in patent law?
A commercial offer for sale in patent law is a critical component of the on-sale bar. According to MPEP 2133.03(b): “A sale is a contract between parties to give and to pass rights of property for consideration which the buyer pays or promises to pay the seller for the thing bought or sold.” Key points…
Read MoreHow does commercial exploitation affect the public use and on sale bars?
Commercial exploitation is a significant factor in determining whether an invention has been in public use or on sale under pre-AIA 35 U.S.C. 102(b). Even if an inventor claims experimental use, evidence of commercial exploitation can negate this defense and trigger the statutory bars. As stated in MPEP 2133.03(e)(1): “As the degree of commercial exploitation…
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