The on-sale bar aims to prevent inventors from extending their patent terms unfairly by removing patentability from inventions that have been sold or offered for sale.
The tension between early public disclosure and trade secret retention highlights the need for balance in patent policy, particularly regarding the timing of disclosures.
Empirical research is needed to truly understand how the on-sale bar impacts innovation and public knowledge across different industries and technologies.
The shift to a first-to-file system under the AIA may reduce reliance on the on-sale doctrine by incentivizing prompt patent applications more effectively.
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