Under the AIA, what two conditions must be met for on sale activity to bar patentability?

The correct conditions under the America Invents Act (AIA) for on-sale activity to bar patentability relate to commercial sale or offer for sale, along with readiness for patenting. This means that for an invention to be considered "on sale" and thus potentially invoke the on-sale bar, it must have been both commercially sold or offered for sale and must also have been ready for patenting before the critical date.

Choosing the condition related to commercial activity is essential, as it establishes that the inventor has engaged in commercial exploitation of the invention rather than merely discussing the invention or sharing it informally. This is significant in patent law because it emphasizes the need to keep inventions confidential and the idea that patent protection is contingent on the inventor's actions before filing a patent application.

Additionally, the condition about readiness for patenting underscores that the invention must have been sufficiently developed at the time it was offered for sale, meaning it was in a stage where it could undergo a patent application. This readiness indicates that the invention had moved beyond the conceptual phase and was sufficiently complete to be considered patentable. Therefore, both actions demonstrate the potential intent to commercially exploit the invention, which is critical in assessing patentability.

In summary, for on-sale activity to bar patentability