· 3/2/1995
Ferag Ag v. Quipp Incorporated
Citations
- 45 F.3d 1562
- 1995 WL 27831
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he inventor is strictly held to the requirement that he file his patent application within one year of any attempt to commercialize the invention.”
- “The subjective, uncommunicated, and ultimate intention of the offeror, however clear, is not alone sufficient.”
- “Foremost [ ] is the policy of preventing inventors from exploiting the commercial value of their inventions while deferring the beginning of the statutory term.”
- “While a wide variety of factors may influence the on sale determination, no single one controls the application of section 102(b), for the ultimate conclusion depends on the totality of the circumstances.”
- sale of device meeting buyer’s specifications meets “on-sale” test, while “experimental” sales do not
- “key question” is “whether, under the totality of circumstances, the inventor placed his invention on sale, objectively manifested by a sale or offer for sale of a product that embodies the invention claimed in the patent”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Michel, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.