What is the “on sale” bar in patent law and how does experimental use affect it?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The “on sale” bar in patent law is a provision that can prevent an inventor from obtaining a patent if their invention was on sale more than one year before the filing date of the patent application. However, experimental use can provide an exception to this bar. According to MPEP 2133.03(e) : “If the use or sale was experimental, there is no bar under pre-AIA 35 U.S.C. 102(b).” This means that if the inventor can demonstrate that the sale or use was primarily for experimental purposes to perfect the invention, it may not trigger the one-year statutory bar. However, it’s crucial to note that the experimental use must be the primary purpose of the activity, not just incidental to commercial exploitation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Commercial Exploitation Must Be Incidental to Experimentation MPEP 2133.03(e) Required Requirement for Novelty Under Pre-AIA 35 U.S.C. 102(b) MPEP 2133 Required Primary Purpose of Sale Must Be Experimentation MPEP 2133.03(e) Experimental Use Exception Under Pre-AIA 102(b) MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Required Primary Purpose Must Be Experimentation MPEP 2133.03(e) Experimental Use Exception for Pre-AIA Section 102(b) MPEP 2133.03(e) Market Testing Not Experimental Use MPEP 2133.03(e) Experimental Use Does Not Bar Public Disclosure If Aimed at Perfecting Invention MPEP 2133.03(e) Filing Date Not Affected by Electronic Filing MPEP 2133 Other Related FAQs 5 FAQs Collapse How does commercial exploitation affect experimental use in patent law? What factors indicate commercial exploitation in patent law? How does control and supervision affect experimental use in patent law? What...