What are the criteria for determining if an invention was “on sale” under pre-AIA law?
Under pre-AIA law, the criteria for determining if an invention was “on sale” were established in the Pfaff v. Wells Electronics, Inc. case. The MPEP summarizes these criteria as follows:
“The pre-AIA case law indicates that on sale activity will bar patentability if the claimed invention was: (1) the subject of a commercial sale or offer for sale, not primarily for experimental purposes; and (2) ready for patenting.”
These criteria are still relevant for understanding “on sale” activities under AIA, as the meaning of the term has not been significantly altered.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(D) - On Sale,
Patent Law,
Patent Procedure