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

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 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).