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oaioai:scholarship.law.duke.edu:dltr-1099

Pfaff Revisited: How the Federal Circuit Has Elaborated on the “Ready for Patenting” Standard

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Publication date
18 November 2003
Publisher
Duke University School of Law

Abstract

In Pfaff v. Wells Electronics, Inc., the Supreme Court established a two-part test to determine when an invention is on sale for purposes of Title 35 U.S.C. §102(b). In addition to being the subject of a commercial offer for sale, an invention must be ready for patenting in order to be considered on sale. Since Pfaff, the Court of Appeals for the Federal Circuit has had numerous opportunities to expound upon how inventors can fulfill the latter condition. This iBrief will discuss the factors the Federal Circuit has determined are indicative of an invention\u27s ready for patenting status

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Last time updated on 17/11/2016

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