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The on-sale bar of 35 U.S.C. 102(b) is triggered if the invention is both the subject of a commercial offer for sale not primarily for experimental purposes and; ready for patenting. Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 67, 48 USPQ2d 1641, 1646-47 (1998).
U.S. Code Title 35, via United States Government Printing Office; U.S. Code Title 35, via Cornell University; U.S. Code Title 35, section 102, via BitLaw; Title 35 rendered in verse; The USPTO's Manual of Patent Examining Procedure, including explanations and interpretations of all of U.S. Code Title 35
Specifically, 35 U.S.C. 102 states: (a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention ...
While the United States Patent Act does not directly distinguish "direct" and "indirect" infringement, it has become customary to describe infringement under 35 U.S.C. § 271(a) as direct infringement, while grouping 35 U.S.C. § 271(b) and 35 U.S.C. § 271(c) together as "indirect" ways of infringing a patent. [4]
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Long title: An Act to amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes. Acronyms (colloquial) Hatch-Waxman amendments: Enacted by: the 98th United States ...
Retrieved from "https://en.wikipedia.org/w/index.php?title=Title_35,_United_States_Code&oldid=450975006"https://en.wikipedia.org/w/index.php?title=Title_35,_United_States
The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The origins of the Manual date back to a 1920 Patent and Trademark Office Society publication known as the "Wolcott Manual". "One of the most fruitful endeavors ...