The Commercial Offer Prong of the On-Sale Bar, After Pfaff

IP Litigator
September 2002

This article examines Federal Circuit case law relating to the on-sale bar after the Supreme Court’s 1988 decision in Pfaff v. Wells Electronics. In particular, the article focuses on the uncertainty that remains in application of the on-sale bar test following the Court’s decision, which articulated a new standard in the hope of eliminating the uncertainty which was seen to flow from the Federal Circuit’s prior “vague” test.

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