What constitutes “on sale” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “on sale” is interpreted similarly to its meaning in pre-AIA 35 U.S.C. 102(b). The MPEP states: “The phrase ‘on sale’ in AIA 35 U.S.C. 102(a)(1) is treated as having the same meaning as ‘on sale’ in pre-AIA 35 U.S.C. 102(b).” This means that commercial sales or offers for sale, not…
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