Does 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 or have knowledge that the invention was embodied in the sold article.
(MPEP 2133.03(b))
This interpretation is supported by several court cases, including Electric Storage Battery Co. v. Shimadzu and In re Blaisdell. The key factor is whether the invention was on sale, not whether the inventor approved of or knew about the sale. This highlights the importance of maintaining control over the invention and being cautious about disclosing it to third parties before filing a patent application.
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