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.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(D) - On Sale,
Patent Law,
Patent Procedure