Can a sale by a third party trigger the on-sale bar?
Yes, a sale by an independent third party can trigger the on-sale bar under 35 U.S.C. 102(b). The MPEP states: A sale or offer for sale of the invention by an independent third party more than 1 year before the effective filing date of applicant’s claimed invention may be applied as prior art and may…
Read MoreDoes the inventor’s consent matter for the on-sale bar?
No, the inventor’s consent is not required for a sale to trigger the on-sale bar under 35 U.S.C. 102(b). The MPEP clearly states: If the invention was placed on sale by a third party who obtained the invention from the inventor, a patent is barred even if the inventor did not consent to the sale…
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