MPEP § 2133.03(d) — “In This Country” (Annotated Rules)

§2133.03(d) “In This Country”

USPTO MPEP version: BlueIron's Update: 2026-01-10

This page consolidates and annotates all enforceable requirements under MPEP § 2133.03(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

“In This Country”

This section addresses “In This Country”. Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 102(b). Contains: 1 requirement, 2 permissions, and 6 other statements.

Key Rules

Topic

On Sale Under AIA (MPEP 2152.02(d))

8 rules
StatutoryInformativeAlways
[mpep-2133-03-d-236907894534bc8dd54be051]
Requirement for AIA On-Sale Provision
Note:
The rule requires that applications not be subject to the on-sale bar under the AIA, unless they fall outside the FITF provisions.

[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2150 et seq. for examination of applications subject to those provisions. See MPEP § 2152.02(c) through (e) for a detailed discussion of the public use and on sale provisions of AIA 35 U.S.C. 102.]

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Public Use Under AIA (MPEP 2152.02(c))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)
StatutoryRequiredAlways
[mpep-2133-03-d-26f4d409dbb136631fad314b]
On Sale Activity Must Occur in the United States
Note:
For pre-AIA 35 U.S.C. 102(b) public use or on sale bars, such activity must take place within the United States.

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Public Use Under AIA (MPEP 2152.02(c))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)
StatutoryInformativeAlways
[mpep-2133-03-d-102fce18b317bd94b3570936]
On Sale Bar Does Not Apply to Foreign Sales
Note:
The 'on sale' bar does not apply if both manufacture and delivery occur in a foreign country, unless substantial activity takes place in the United States.

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)On Sale (MPEP 2152.02(d))
StatutoryPermittedAlways
[mpep-2133-03-d-b277ff5178f9319b9a8700e3]
On Sale Status Can Be Found If Substantial U.S. Activity Occurs
Note:
The 'on sale' bar applies if significant activity related to a sale takes place in the United States, even if the actual sale occurs abroad.

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)On Sale (MPEP 2152.02(d))
StatutoryInformativeAlways
[mpep-2133-03-d-d77137a4610a3ee47f1d1740]
On Sale Activity Must Occur in the U.S.
Note:
The 'on sale' bar applies only if public use or on sale activity occurs within the United States.

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Public Use Under AIA (MPEP 2152.02(c))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)
StatutoryPermittedAlways
[mpep-2133-03-d-91fe527c7334fc927785bba1]
Offer for Sale in U.S. Brings Statute into Play
Note:
An offer for sale made in the United States, even if completed abroad, can trigger the on-sale bar under pre-AIA 35 U.S.C. 102(b).

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Pre-AIA 102(a) – Known or Used (MPEP 2132)
StatutoryInformativeAlways
[mpep-2133-03-d-50498113e52ca7f1a1f29922]
Offer by Foreign Manufacturer to US Prospective Purchaser Before Critical Date
Note:
An offer by a foreign manufacturer communicated to a prospective purchaser in the United States prior to the critical date is considered within the terms of the statute.

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Public Use Under AIA (MPEP 2152.02(c))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)
StatutoryInformativeAlways
[mpep-2133-03-d-b65dd4c88f68c11c206a5ab0]
On Sale Activity Must Occur in U.S.
Note:
Public use or on sale activity that bars patentability must take place within the United States for pre-AIA 35 U.S.C. 102(b).

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Public Use Under AIA (MPEP 2152.02(c))AIA 102(a)(1) – Prior Art Categories (MPEP 2152.02)
Topic

Pre-AIA 102(a) – Known or Used (MPEP 2132)

1 rules
StatutoryInformativeAlways
[mpep-2133-03-d-b1c3a9f52cbddb7b24695745]
In This Country Does Not Include Other WTO/NAFTA Member Countries
Note:
The term 'in this country' in pre-AIA 35 U.S.C. 102(b) refers to the United States, its states, territories, and possessions, but excludes other World Trade Organization or North American Free Trade Agreement member countries.

The language “in this country” in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See also 35 U.S.C. 105. For purposes of judging the applicability of the pre-AIA 35 U.S.C. 102(b) bars, public use or on sale activity must take place in the United States. The “on sale” bar does not generally apply where both manufacture and delivery occur in a foreign country. Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892). However, “on sale” status can be found if substantial activity prefatory to a “sale” occurs in the United States. Robbins Co. v. Lawrence Mfg. Co., 482 F.2d 426, 433, 178 USPQ 577, 583 (9th Cir. 1973). An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. CTS Corp. v. Piher Int’l Corp., 593 F.2d 777, 201 USPQ 649 (7th Cir. 1979).

Jump to MPEP SourcePre-AIA 102(a) – Known or Used (MPEP 2132)Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)

Citations

Primary topicCitation
On Sale Under AIA (MPEP 2152.02(d))35 U.S.C. § 100
On Sale Under AIA (MPEP 2152.02(d))35 U.S.C. § 102
On Sale Under AIA (MPEP 2152.02(d))
Pre-AIA 102(a) – Known or Used (MPEP 2132)
35 U.S.C. § 102(b)
On Sale Under AIA (MPEP 2152.02(d))
Pre-AIA 102(a) – Known or Used (MPEP 2132)
35 U.S.C. § 105
On Sale Under AIA (MPEP 2152.02(d))MPEP § 2150
On Sale Under AIA (MPEP 2152.02(d))MPEP § 2152.02(c)
On Sale Under AIA (MPEP 2152.02(d))MPEP § 2159
On Sale Under AIA (MPEP 2152.02(d))
Pre-AIA 102(a) – Known or Used (MPEP 2132)
Gandy v. Main Belting Co., 143 U.S. 587, 593 (1892)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-10