What is the significance of intent in determining public use or on-sale bar?
The intent of the inventor is not sufficient alone to determine whether a public use or on-sale bar applies. As stated in MPEP 2133.03(e)(2): “When sales are made in an ordinary commercial environment and the goods are placed outside the inventor’s control, an inventor’s secretly held subjective intent to ‘experiment,’ even if true, is unavailing…
Read MoreWhat constitutes abandonment under pre-AIA 35 U.S.C. 102(c)?
Abandonment under pre-AIA 35 U.S.C. 102(c) requires intentional action by the inventor. According to MPEP 2134: “Actual abandonment under pre-AIA 35 U.S.C. 102(c) requires that the inventor intend to abandon the invention, and intent can be implied from the inventor’s conduct with respect to the invention.” This means that the inventor must deliberately surrender their…
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