UC Law SF Communications and Entertainment Journal
Abstract
The On Sale Bar has been construed narrowly to require that an invention be ready for patenting and that a commercial offer for sale be made in order for the Bar to apply. Although this approach provides certainty for patent applicants, it potentially increases monopoly profits for patentees by disregarding commercial activity designed to increase demand for an invention that is ready for patenting. This Note concludes that a broader formulation of the On Sale Bar that considers this type of activity is more in line with the relevant underlying policies.
Recommended Citation
Frank Albert,
Reformulating the on Sale Bar,
28 UC Law SF Comm. & Ent. L.J. 81
(2005).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol28/iss1/2
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Communications Law Commons, Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons