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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”