MPEP Q & A 150: Triggering of On-Sale Bar of Pre-AIA 35 U.S.C. 102(b)

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Question:

When is the on-sale bar of pre-AIA 35 U.S.C. 102(b) triggered?

Answer:

The on-sale bar of pre-AIA 35 U.S.C. 102(b) is triggered if the invention is both:

  • The subject of a commercial offer for sale not primarily for experimental purposes and
  • Ready for patenting.

Chapter Details:

The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2133.03(b) of the MPEP.  The following is a brief summary of section 2133.03(b).

2133.03(b) “On Sale”

This section covers the ‘on sale’ bar of pre-AIA 35 U.S.C. 102(b). The on-sale bar is triggered if the invention is both the subject of a commercial offer for sale not primarily for experimental purposes and is ready for patenting. This section discusses the meaning of ‘sale’, offers for sale, sale by inventor, assignee or others associated with the inventor in the course of business, and sales by independent third parties.