ONE SIZE DOES NOT FIT ALL: KEEPING THE "TOTALITY OF THE CIRCUMSTANCES" TEST FOR PUBLIC USE CASES AFTER PFAFF AND SMITHKLINE

The purpose of patent law is to promote the progress of society. To accomplish this goal, however, the patent system creates a compromise among the interests of the inventor, the US government, and the public. Glessner discusses the cases of Plaff and SmithKline and concludes that the PLlaff test should remain limited to the on sale bar, and the courts should continue to use a "totality of the circumstances" test when considering public use.