How does the Pfaff test apply to the on-sale bar in patent law?
The Pfaff test, established by the Supreme Court in Pfaff v. Wells Electronics, Inc., is crucial for determining whether an invention is “on sale” for purposes of the on-sale bar in patent law. According to MPEP 2152.02(d), the Pfaff test requires that:
- The product must be the subject of a commercial offer for sale; and
- The invention must be ready for patenting.
An invention is considered “ready for patenting” when either:
- The invention is reduced to practice; or
- The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.
This test helps determine whether an inventor’s actions have triggered the on-sale bar, potentially affecting the patentability of their invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(D) - On Sale,
Patent Law,
Patent Procedure