How does the AIA define “on sale” for prior art purposes?
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.
To learn more:
Topics:
Described In A Printed Publication,
MPEP 2100 - Patentability,
MPEP 2152.02 - Prior Art Under Aia 35 U.S.C. 102(A)(1) (Patented,
On Sale,
Or In Public Use,
Or Otherwise Available To The Public),
Patent Law,
Patent Procedure