United States patent law bars the grant of a valid patent if the
invention claimed has been "on sale" in the United States for
more than one year before the filing of the patent application
in question. The United States Supreme Court in Pfaff v. Wells
Electronics Inc. considered what had to be established to determine
whether this test was met.
The Court stated that the "on sale" bar applies when the invention
is the subject of a commercial offer for sale and the invention
is ready for patenting. The invention is considered ready for
patenting when the invention is reduced to practice before the
critical date or when there is a description of the invention
or drawings illustrating the invention that are "sufficiently
specific to enable a person skilled in the art to practice the
invention".
The Court found that Pfaff's actions more than one year before
the filing of the application constituted a commercial offer,
rather than experimental testing, and the drawings Pfaff sent
to the manufacturer disclosed the invention in sufficient detail
to enable one skilled in the art to practice the invention. The
Court considered that this triggered the "on sale" bar and thus
affirmed the appeal court's ruling that the patent was invalid.

