What constitutes “on sale” under AIA 35 U.S.C. 102(a)(1)?

Under AIA 35 U.S.C. 102(a)(1), “on sale” is interpreted similarly to its meaning in pre-AIA 35 U.S.C. 102(b). The MPEP states:

“The phrase ‘on sale’ in AIA 35 U.S.C. 102(a)(1) is treated as having the same meaning as ‘on sale’ in pre-AIA 35 U.S.C. 102(b).”

This means that commercial sales or offers for sale, not primarily for experimental purposes, can constitute prior art if the invention was ready for patenting at the time of the sale or offer.

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Topics: MPEP 2100 - Patentability, MPEP 2152.02(D) - On Sale, Patent Law, Patent Procedure
Tags: 35 U.S.C. 102(A)(1), AIA, Commercial Sale, On Sale