An "offer for sale" as an infringing act

Patent Update

A change in U.S. patent law resulting from the 1994 GATT Uruguay Round Table Trade Related Aspects of Intellectual Property ("TRIPS") agreements added to the list of acts that constitute infringement of a patent. Previously, the only acts that constituted infringement were making, using, or selling the patented invention. Offering to sell was added as part of the effort to harmonize U.S. patent law with that of its trading partners. Like the other infringing acts, offering to sell constitutes infringement only when the offer is made in the U.S. When the offer is made in the U.S., infringement is present even if the actual sale, manufacture, and use are all performed …