How does the Pfaff test apply to the “on sale” bar?
The Pfaff test, established by the Supreme Court in Pfaff v. Wells Electronics, Inc., is used to determine if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), the test has two conditions:
- The product must be the subject of a commercial offer for sale; and
- The invention must be ready for patenting.
Both conditions must be satisfied before the critical date for the on-sale bar to apply. This test provides a more objective standard for determining when the on-sale bar is triggered.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2133.03(B) - "On Sale",
Patent Law,
Patent Procedure