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If person A in the United States calls a member of the public in a foreign country and offers to sell a product 14 months prior to A filing a nonprovisional application for a utility patent, would that be a 102(b) bar or would that be considered a sale that is not in the United States?

  • Is this an application considered pre-AIA or under the AIA? – George White Jul 4 '14 at 23:42
  • @GeorgeWhite preAIA – Kevin Jul 4 '14 at 23:43
  • I read about a case called Group One vs Hallmark Cards were the federal circuit apparently drew a line that it had to be an offer for sale under the UCC. – George White Jul 5 '14 at 0:07
  • @GeorgeWhite Would a sale originated by phone to someone in a foreign country start the clock for 102(b)? – Kevin Jul 5 '14 at 0:10
  • I posted as an informative comment rather than an answer because I don't know the answer. My guess is that it does start the clock. If you don't think it does and file I would put mention of this in an IDS. – George White Jul 5 '14 at 0:28

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