What constitutes a “commercial offer for sale” under the on-sale bar?
A commercial offer for sale, in the context of the on-sale bar, must be an offer that the other party could make into a binding contract by simple acceptance. The MPEP states: “Only an offer which rises to the level of a commercial offer for sale, one which the other party could make into a…
Read MoreHow does the AIA affect the interpretation of the on-sale bar?
The America Invents Act (AIA) maintained the “on sale” language from the pre-AIA statute, and the courts have interpreted it as having the same meaning. The MPEP states: It is noted that AIA 35 U.S.C. 102(a)(1) uses the same “on sale” term as pre-AIA 35 U.S.C. 102(b) and is treated as having the same meaning.…
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