What is the difference between ‘on sale’ and ‘public use’ in patent law?

While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:

• On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
• Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.

Key differences include:

1. Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
2. Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
3. Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.

Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.

To learn more:

• on sale
• public use
• prior art
• patent law
• statutory bars