Can the sale of a product inherently possessing claimed characteristics trigger the on-sale bar?

Yes, the sale of a product inherently possessing claimed characteristics can trigger the on-sale bar, even if the parties involved in the transaction are unaware of these characteristics. The MPEP clearly states:

If a product that is offered for sale inherently possesses each of the limitations of the claims, then the invention is on sale, whether or not the parties to the transaction recognize that the product possesses the claimed characteristics. (MPEP 2133.03(c))

This principle was established in the case of Abbott Laboratories v. Geneva Pharmaceuticals, Inc., where a patent for a specific crystalline form of a pharmaceutical compound was invalidated due to prior sales, even though the parties involved were unaware of the specific crystalline form at the time of the sales.

To learn more:

• on-sale bar
• inherent characteristics
• product sales
• patent invalidity
• Abbott Laboratories v. Geneva Pharmaceuticals