Shawn Leppo, left, and Yangmo (Harvey) Ahn, right, of McNees Wallace & Nurick. Courtesy photos Offer or Quote—Contract Question Remains the Source of Patent Peril
In 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.
February 28, 2023 at 12:38 PM
7 minute read
Innovators are often anxious to get a new product to market but moving too quickly can expose a major consequence lurking behind what might have seemed like a trivial distinction at the time.
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