What constitutes “substantial activity” in the U.S. for the on-sale bar under pre-AIA law?
The concept of “substantial activity” in the U.S. is crucial for determining if foreign sales can trigger the on-sale bar under pre-AIA law. While the MPEP doesn’t provide an exhaustive definition, it offers guidance: “‘On sale’ status can be found if substantial activity prefatory to a ‘sale’ occurs in the United States.” (MPEP 2133.03(d)) This…
Read MoreWhat is the significance of the In re Elsner case for plant patents?
The In re Elsner case, as discussed in MPEP 2121.03, is significant for plant patents as it establishes criteria for when a combination of facts and events can constitute a statutory bar under pre-AIA 35 U.S.C. 102(b). The MPEP states: “The court held that when (i) a publication identifies claimed the plant, (ii) a foreign…
Read MoreHow do foreign sales affect prior art for plant patents?
Foreign sales can significantly impact what constitutes prior art for plant patents. According to MPEP 2121.03, the In re Elsner case established that foreign sales could potentially create a statutory bar. The MPEP notes: “Although the court agreed with the Board that foreign sales may enable an otherwise non-enabling printed publication, the case was remanded…
Read MoreCan foreign sales activities trigger the on-sale bar under pre-AIA law?
Yes, foreign sales activities can potentially trigger the on-sale bar under pre-AIA law, but with specific conditions. The MPEP 2133.03(d) provides guidance on this: 1. General rule: “The ‘on sale’ bar does not generally apply where both manufacture and delivery occur in a foreign country.” 2. Exceptions: “‘On sale’ status can be found if substantial…
Read More