How does the “on sale” bar apply to foreign activities under pre-AIA 35 U.S.C. 102(b)?

The application of the “on sale” bar to foreign activities under pre-AIA 35 U.S.C. 102(b) is nuanced. Generally, it does not apply to activities entirely outside the U.S., but there are exceptions: 1. Foreign manufacture and delivery: “The ‘on sale’ bar does not generally apply where both manufacture and delivery occur in a foreign country.”…

Read More