September 2013 — Hamilton Beach Brands v. Sunbeam Products -- Outsourcing of Product Manufacturing Leads to a Loss of Patent Rights
Precedent of the Supreme Court, and cited in this case by the Court of Appeals for the Federal Circuit (“CAFC”), holds that a disqualifying “offer for sale” occurs under pre-AIA Section 102(b) when the claimed invention is: 1) the subject of a “commercial” offer for sale; and 2) “ready for patenting”. No actual sale need occur, and the offer need only be one in which the offeree could form a binding contract by acceptance. Actions of foreign parties, offering products for sale to those in the US, may also constitute a disqualifying offer for sale.
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