How does the on-sale bar apply to claimed processes?

The application of the on-sale bar to claimed processes differs from its application to products or devices. The MPEP explains:

A claimed process, which is a series of acts or steps, is not sold in the same sense as is a claimed product, device, or apparatus, which is a tangible item. (MPEP 2133.03(c))

However, the on-sale bar can still be triggered for processes in several ways:

  • Sale of a product made by the claimed process
  • Performing the claimed process for consideration
  • Sale of a device embodying the claimed process

It’s important to note that merely selling “know-how” or knowledge about a process does not constitute a sale of the invention under pre-AIA 35 U.S.C. 102(b).

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2133.03(C) - The "Invention", Patent Law, Patent Procedure
Tags: Claimed Processes, Know-How, On-Sale Bar, patent law, Process Patents