What is the “ready for patenting” test in the context of the on-sale bar?

The “ready for patenting” test is part of a two-prong test established by the Supreme Court in Pfaff v. Wells Elecs., Inc. for determining whether an invention was “on sale” under pre-AIA 35 U.S.C. 102(b). The test states that an invention is “ready for patenting” if either:

• It has been reduced to practice before the critical date, or
• The inventor had prepared sufficiently specific drawings or descriptions of the invention to enable a person skilled in the art to practice the invention before the critical date.

As quoted from the MPEP: “Ready for patenting,” the second prong of the Pfaff test, “may be satisfied in at least two ways: by proof of reduction to practice before the critical date; or by proof that prior to the critical date the inventor had prepared drawings or other descriptions of the invention that were sufficiently specific to enable a person skilled in the art to practice the invention.” (MPEP 2133.03(c))

To learn more:

• on-sale bar
• ready for patenting
• Pfaff test
• reduction to practice
• patent application