How does the on-sale bar apply to inventions that have not been reduced to practice?

The on-sale bar can apply to inventions that have not been reduced to practice if they meet the criteria established in the Pfaff test. Specifically:

1. The product must be the subject of a commercial offer for sale.
2. The invention must be ready for patenting.

An invention can be “ready for patenting” even without reduction to practice if the inventor has prepared sufficiently detailed drawings or descriptions to enable a person skilled in the art to practice the invention.

The MPEP provides an example: Even though the invention had not yet been reduced to practice, the manufacturer was able to produce the claimed computer chip sockets using the inventor’s detailed drawings and specifications, and those sockets contained all elements of invention claimed in the patent. (MPEP 2133.03(c))

To learn more:

• on-sale bar
• reduction to practice
• Pfaff test
• commercial offer
• ready for patenting