How does the AIA define “on sale” for prior art purposes?

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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 AIA maintains the “on sale” provision as a category of prior art under 35 U.S.C. 102(a)(1) . According to MPEP 2152.02(d) : “The “on sale” provision of AIA 35 U.S.C. 102(a)(1) is triggered by a sale or offer for sale of the claimed invention. 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 an invention is considered “on sale” when it is the subject of a commercial offer for sale and is ready for patenting. The sale or offer for sale must be public, but the details of the invention need not be publicly disclosed for the “on sale” bar to apply. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Confidential Sale Can Be Prior Art Under AIA MPEP 2152.02(d) Permitted U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Printed Publication Can Prove Public Use MPEP 2152 Permitted On Sale Requirement Under AIA MPEP 2152.02(d) Patentability Preclusion by Prior Art MPEP 2152.02 Permitted Requirement for Identifying Prior Art Documents MPEP 2152.02 Categories of Prior Art Documents and Activities MPEP 2152 Secret Sale Can Be Prior Art MPEP 2152.02(d) Permitted Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Other Related FAQs 5 FAQs Collapse What is considered &#8220;otherwise available to the public&#8221; under AIA 35 U.S.C. 102(a)(1)? What types of prior art are considered under AIA 35 U.S.C. 102(a)(1)? How does the AIA affect the &#8220;by others&#8221; requirement in prior art? How does the AIA change the geographic limitations on prior art? How does the ...