February 28, 2023 | The Legal Intelligencer
Offer or Quote—Contract Question Remains the Source of Patent PerilIn Pfaff v. Wells Electronics, 525 U.S. 55 (1998), the U.S. Supreme Court articulated a two-prong test, holding the on-sale bar applies when, before the critical date (one year prior to the filing date of a patent application), the claimed invention was the subject of a commercial offer for sale and ready for patenting.
By Shawn Leppo and Yangmo ("Harvey") Ahn
7 minute read
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