Ready For Patenting Is A Question for Trial

Polypro, Inc. v. Addison, [06-1497](March 13, 2007)[LINN, Gajarsa, Moore] NON-PRECEDENTIAL The Federal Circuit reversed and remanded summary judgment of invalidity under the on-sale bar, because the question of whether the invention was "ready for patenting" depended upon disputed issues of material fact.
BRIEF: Ultra-Flex offered to sell plastic display bags before the critical date. Although the inventive display bags were conceived before the critical date, there were not shipped until after the critical date. An invention can be shown to be ready for patenting by proof of reduction to practice before the critical date, or proof that prior to the critical date the inventor had prepared drawings and other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention. The Federal Circuit held that there was no proof that that the information available before the critical date was sufficient to enable a person of ordinary skill to practice the invention.