Pre-AIA And Post-AIA Issues Presented By The On-Sale Bar

Law360, New York (August 11, 2016, 12:13 PM EDT) -- Joseph A. Herndon

James L. Korenchan The "on-sale" bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America Invents Act, which altered the language in the statutes that apply to the on-sale bar, has made it difficult to determine what actions might constitute a "sale" or an "offer for sale" under current law. Nevertheless, a clear understanding of the on-sale bar is necessary to enable entities of all sizes — from single inventors to large corporations — to effectively monitor activities surrounding their inventions, and to enable...

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