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 MoreWhat constitutes a “commercial offer for sale” in patent law?
A “commercial offer for sale” in patent law is determined by applying the law of contracts as generally understood. According to MPEP 2152.02(d), “[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…
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