Intellectual Property > IP Newsflash
21 Jul '16

After a rehearing en banc, the Federal Circuit ruled that a product must be the subject of a commercial sale or offer for sale to trigger the “on-sale” bar under § 102(b). Particularly, the court ruled that merely receiving a commercial benefit without commercially marketing a patented product is not enough to trigger the on-sale bar. Thus, the court found that the transaction between a patentee and its contract manufacturer was merely a pre-commercial activity that did not trigger the on-sale bar.

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