What is the “on sale” bar in patent law and how does experimental use affect it?

The “on sale” bar in patent law is a provision that can prevent an inventor from obtaining a patent if their invention was on sale more than one year before the filing date of the patent application. However, experimental use can provide an exception to this bar.

According to MPEP 2133.03(e):

“If the use or sale was experimental, there is no bar under pre-AIA 35 U.S.C. 102(b).”

This means that if the inventor can demonstrate that the sale or use was primarily for experimental purposes to perfect the invention, it may not trigger the one-year statutory bar. However, it’s crucial to note that the experimental use must be the primary purpose of the activity, not just incidental to commercial exploitation.

To learn more:

• on sale bar
• experimental use
• patent application
• statutory bar