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Questions tagged [on-sale]

On-sale bar under 35 U.S.C. 102(b)

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Patenting a trade secret algorithm

I have two similar questions on how "public use" and "on sale" apply to trade secrets, and how or if trade secrets can be later converted into patents. I've been reading the law here and looking at ...
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1answer
289 views

How rigorous are examiners

A business competitor is claiming "patent pending" on a product I know they did not originally create. The product is manufactured by us, the competitor in question, as well as at least 15 other ...
2
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1answer
602 views

does beta testing software count as a sale?

Does beta-testing of software count as a sale and trigger the start of the one year grace period? I am referencing: "Under current U.S. law (35 U.S.C. §102(b)), a sale or offer for sale of the ...
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0answers
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Would an offer for sale that originates in the US on the phone with someone in Japan create a preAIA 102(b) bar?

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 ...