THE ON-SALE BAR: A UNIFORM AND CONSISTENT STANDARD

6 Wake Forest Intell. Prop. L.J. 1

The on-sale bar test to determine whether an invention is patentable requires a court to apply general contract principles to a patent dispute to determine if the inventor’s actions constituted an offer for sale. Applications of general contract principles to this factual question is an effective and consistent method of law. Courts are familiar with these principles, which therefore provide a foundation for on-sale bar issues while supporting the policies of the United States patent system.

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