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Patent law; on-sale bar after "Pfaff.'

Article Abstract:

Issues are discussed regarding the stricter application of the on-sale bar to patentability since the US Supreme Court's ruling on the appeal of Pfaff v. Wells Electronics, Inc. The Supreme Court confirmed the Federal Circuit's rejection of the reduced-to-practice test and made applicattion of the bar stricter by adopting a new "ready for patenting" test.

Author: Hill, Russell B., Rooklidge, William C.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000

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The law of unintended consequences: the on sale bar after Pfaff v. Wells Electronics

Article Abstract:

The authors discuss the influence on federal courts of the U.S. Supreme Court 1998 case Pfaff v. Wells Electronics, Inc. which concerned the 'on sale' patentability bar. The author believes the case has had a negative influence on patent law, its administration, and its application.

Author: Hill, Russell B., Rooklidge, William C.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2000
Other Justice, Public Order, and Safety Activities, Patent Law, Standards, Evidence (Law), Testimony, Patents

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The on-sale bar after Pfaff v. Wells Electronics: toward a bright-line rule

Article Abstract:

The Supreme Court adopted a new test for the on-sale bar in patent law in Pfaff v. Wells Electronics in 1998. Under the Ready-for-Patenting test, inventors must apply for patents as soon as they can in developing their inventions because the grace period for patentability will begin running as soon as the inventions are reduced to practice or put on sale. Congress should exempt confidential offers for sale from the on-sale bar.

Author: McAndrews, Isabelle R.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999

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Subjects list: United States, Interpretation and construction, Patent law
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