Are there geographic limitations on “on sale” activities under AIA?

No, there are no geographic limitations on “on sale” activities under AIA 35 U.S.C. 102(a)(1). The MPEP clearly states:

“Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur. When formulating a rejection, Office personnel should consider evidence of sales activity, regardless of where the sale activity took place.”

This is a significant change from pre-AIA law, which limited “on sale” activities to those occurring “in this country.”

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Topics: MPEP 2100 - Patentability, MPEP 2152.02(D) - On Sale, Patent Law, Patent Procedure
Tags: 35 U.S.C. 102(A)(1), AIA, Geographic Limitations, International Sales, On Sale