What constitutes a “ready for patenting” invention in the context of public use?
An invention is considered “ready for patenting” in the context of public use when it has been reduced to practice or when the inventor has prepared drawings or other descriptions of the invention that are sufficiently specific to enable a person skilled in the art to practice the invention. This concept is crucial in determining whether a public use or sale has occurred before the critical date. According to MPEP 2133.03(c):
“The on-sale bar of 35 U.S.C. 102(b) may apply even though the invention is not ready for use in a commercially marketable form.”
The MPEP further clarifies that an invention can be “ready for patenting” when:
- The invention is reduced to practice; or
- The inventor had prepared drawings or other descriptions of the invention sufficient to enable a person of ordinary skill in the art to practice the invention.
It’s important for inventors to be aware that even if an invention is not fully perfected, it may still be considered “ready for patenting” if it meets these criteria.
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