A Private Sale Is Not Sufficient for Public Disclosure Under 35 USC 102(b)(2)(B)

Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may constitute an invalidating “public use” under 35 USC 102(a)(1)….
By: Knobbe Martens