Which of the following is NOT a condition for patentability under 35 U.S.C. § 102(c) Pre-AIA?

The correct choice highlights a situation that does not fall under the conditions for patentability as defined by 35 U.S.C. § 102(c) prior to the America Invents Act (Pre-AIA). Specifically, the legal marketing of an invention does not automatically preclude it from being patentable.

Under 35 U.S.C. § 102(c), an invention is not considered patentable if it has been surrendered by the applicant or if it has been disclosed or made available to the public, which can occur through various means like public knowledge or patents existing in other countries. However, the mere act of marketing an invention does not inherently constitute a public disclosure in the same sense as these other conditions. Legal marketing can occur without necessarily making the inventive details publicly accessible to the extent that it disqualifies an invention from being patentable.

In contrast, the other conditions mentioned involve scenarios wherein the invention itself has been exposed or surrendered in some formal or legal capacity, which would directly impact its eligibility for patent protection.