James Grimmelmann on Nostr: Masur and Ouellette's new paper on the categories of prior art is really ...

Masur and Ouellette's new paper on the categories of prior art is really illuminating. They propose thinking of internal commercial uses as sales, and making the on-sale bar specific to the party making the sale (while leaving the public-use bar as a bar against the world). If you make those changes, everything snaps into place.

https://review.law.stanford.edu/wp-content/uploads/sites/3/2024/04/Masur-Ouellette-76-Stan.-L.-Rev.-703.pdf