A purchase provision of an agreement otherwise related to research and development can constitute a commercial offer to sell a tangible item or good. An invention can be ready for patenting even though the patentee is unaware or unsure whether the limitations of the claims are met.
Results for offer for sale
Only an offer which rises to the level of a commercial offer for sale—one which the other party could make into a binding contract by simple acceptance—constitutes an offer for sale under 35 U.S.C. § 102(b); and the sale of patent rights to an invention does not constitute an offer for sale under Section 102(b) of the invention.