This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and should not be, a requirement of the on sale bar will be analyzed. Fourth, the problems of applying the UMC all circumstances test will be illustrated. Fifth, this Note will question whether the UMC decision satisfies the policies underlying the on sale bar. Finally, a proposed test will be presented and applied to hypothetical situations to illustrate its application.
Michael R. Schacht, UMC Electronics v. United States: Should Reduction to Practice be a Requirement of the On Sale Bar?, 12 SEATTLE U. L. REV. 131 (1988).