United States Federal Circuit

The offer of a license under a patent and a description of the invention, without more, does not fall within the on-sale bar of 35 U.S.C. section 102(b), nor does a transaction for a process constitute a "sale" of the invention within the meaning of section 102(b), where the process has not been carried out or performed as a result of the transaction.

Appellate Information

• Decided 04/12/2002
• Published 04/12/2002

Judges

• LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John Kollar, of Wyckoff, NJ, pro se., John M. Whealan, Solicitor, of Arlington, VA, representing the Director of the United States Patent and Trademark Office.   With him on the brief was Kristin L. Yohannan, Associate Solicitor.   Of counsel was Mark Nagumo, Associate Solicitor.