Does a sale need to be public to trigger the on-sale bar?

No, a sale does not need to be public to trigger the on-sale bar under 35 U.S.C. 102(b). The MPEP clarifies this point: Unlike questions of public use, there is no requirement that “on sale” activity be “public.” “Public” as used in pre-AIA 35 U.S.C. 102(b) modifies “use” only. “Public” does not modify “sale.” (MPEP…

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Can a non-profit sale trigger the on-sale bar?

Yes, a non-profit sale can trigger the on-sale bar under 35 U.S.C. 102(b). The MPEP clearly states: A “sale” need not be for profit to bar a patent. If the sale was for the commercial exploitation of the invention, it is “on sale” within the meaning of pre-AIA 35 U.S.C. 102(b). (MPEP 2133.03(b)) This interpretation…

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Can foreign sales activities trigger the on-sale bar under pre-AIA law?

Yes, foreign sales activities can potentially trigger the on-sale bar under pre-AIA law, but with specific conditions. The MPEP 2133.03(d) provides guidance on this: 1. General rule: “The ‘on sale’ bar does not generally apply where both manufacture and delivery occur in a foreign country.” 2. Exceptions: “‘On sale’ status can be found if substantial…

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