Public availability under the America Invents Act

Posted On :October 25th, 2011 By James Yang

The first inventor to file system under the America Invents Act adds a catch all category that includes anything publicly available. Some argue that the catch all phrase narrows the meaning of on sale to exclude secret offers for sale. Expect litigation in this area.

Offers for sale: foreign sales for US use infringes patent

Posted On :May 24th, 2011 By James Yang

A sale of a product in foreign countries can still infringe a United States Patents if the contract provided for an operating region within the territory of the United States.

Bidding on a Proposal Triggers On Sale Bar

Posted On :April 1st, 2010 By James Yang

A patent application must be filed within one year after an offer for sale of the invention, public use of the invention or distribution of a printed publication regarding the invention, whichever event occurs first. Otherwise, the inventor is barred from receiving patent protection for the invention. During this one year grace period, the inventors [...]