Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
While the AIA’s “on sale” provision is largely interpreted similarly to pre-AIA law, there are some key differences. The MPEP highlights two main distinctions:
- Geographic limitations: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur.” This contrasts with pre-AIA law, which limited “on sale” activities to those occurring “in this country.”
- Exceptions: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with the inventor) that precede the effective filing date by less than one year.”
These differences can significantly impact how “on sale” activities are evaluated in patent applications under AIA compared to pre-AIA law.
To learn more:
MPEP 2152.02(D) – On Sale (2)
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
While the AIA’s “on sale” provision is largely interpreted similarly to pre-AIA law, there are some key differences. The MPEP highlights two main distinctions:
- Geographic limitations: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur.” This contrasts with pre-AIA law, which limited “on sale” activities to those occurring “in this country.”
- Exceptions: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with the inventor) that precede the effective filing date by less than one year.”
These differences can significantly impact how “on sale” activities are evaluated in patent applications under AIA compared to pre-AIA law.
To learn more:
Patent Law (2)
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
While the AIA’s “on sale” provision is largely interpreted similarly to pre-AIA law, there are some key differences. The MPEP highlights two main distinctions:
- Geographic limitations: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur.” This contrasts with pre-AIA law, which limited “on sale” activities to those occurring “in this country.”
- Exceptions: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with the inventor) that precede the effective filing date by less than one year.”
These differences can significantly impact how “on sale” activities are evaluated in patent applications under AIA compared to pre-AIA law.
To learn more:
Patent Procedure (2)
While both ‘on sale’ and ‘public use’ are forms of prior art in patent law, they have distinct characteristics. According to MPEP 2152.02(d) and related sections:
- On Sale: Refers to commercial activities involving the invention, such as offers for sale or actual sales. It doesn’t necessarily require the invention to be publicly visible or used.
- Public Use: Involves the invention being used in a way that makes it accessible to the public, even if not commercially.
Key differences include:
- Commercial Intent: ‘On sale’ typically involves commercial transactions or offers, while ‘public use’ may not have a commercial aspect.
- Visibility: An invention can be ‘on sale’ without being visible to the public, whereas ‘public use’ generally implies some level of public accessibility.
- Purpose: ‘On sale’ focuses on commercial exploitation, while ‘public use’ is more about the invention being accessible or observable by the public.
Both ‘on sale’ and ‘public use’ can trigger statutory bars to patentability, so inventors should be cautious about any activities that might fall into either category before filing a patent application.
To learn more:
While the AIA’s “on sale” provision is largely interpreted similarly to pre-AIA law, there are some key differences. The MPEP highlights two main distinctions:
- Geographic limitations: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur.” This contrasts with pre-AIA law, which limited “on sale” activities to those occurring “in this country.”
- Exceptions: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with the inventor) that precede the effective filing date by less than one year.”
These differences can significantly impact how “on sale” activities are evaluated in patent applications under AIA compared to pre-AIA law.
To learn more: