Pre-patenting offer for sale in EPO

[BenLiu]

A lurker seeking guidance from the gurus here on a cross-border issue if anyone can enlighten this U.S. patent guy.

An U.S. company offers for sales a product embodying an unpatented invention to a EU company.

In the U.S. he can still file his U.S. patent application within one year of that offer for sale.  But there doesn't seem to be a grace period under EPC.  So is he sorry-out-of-luck?  Can he file a PCT in U.S. to take advantage of the U.S. grace period and later designate EU to preserve his rights?

What if the offer for sale to the EU company is under a confidentiality/non-disclosure agreement, there is no public disclosure, and no sale or importation of the product entered the EU country?

Thank you for your thoughts in advance.

[JimIvey]

My understanding is that, in the regional phase, the PCT application before the EPO would apply EP patent law and the priority date afforded by the prior PCT application would not provide the requisite absolute novelty.

The issue that might provide some hope is whether an offer to sell defeats novelty.  I don't think "offer to sell" violates novelty universally.  I view it as a harsher rule in the US to balance the 1-year grace period a bit.  So, hopefully others here more familiar with EP patent law can speak to whether an offer to sell defeats novelty there.

Regards.