What is the purpose of the on-sale and public use provisions in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The primary purpose of the on-sale and public use provisions in 35 U.S.C. 102 is to prevent inventors from commercially exploiting their inventions for more than one year before filing a patent application. As stated in the MPEP: “One policy of the on sale and public use provisions of 35 U.S.C. 102 is the prevention of inventors from exploiting their inventions commercially more than 1 year prior to the filing of a patent application.” This means that inventors must be cautious about any commercial activities related to their invention in the year leading up to their patent application filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Primary Purpose of Sale Must Be Experimentation MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Required Commercial Exploitation Must Be Incidental to Experimentation MPEP 2133.03(e) Required Disclosure Before Filing Bars Patent MPEP 2133 Experimental Use Does Not Bar Public Disclosure If Aimed at Perfecting Invention MPEP 2133.03(e) Requirement for Determining Public Use and On Sale Under AIA MPEP 2133.03(e) Permitted Primary Purpose Must Be Experimentation MPEP 2133.03(e) Filing Date Not Affected by Electronic Filing MPEP 2133 Market Testing Not Experimental Use MPEP 2133.03(e) Requirement for Novelty Under Pre-AIA 35 U.S.C. 102(b) MPEP 2133 Required Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect the interpretation of experimental use? How does the AIA affect the interpretation of public use and on-sale bar? How does commercial exploitation affect experimental use in patent law? What factors indicate commercial exploitation in patent law? What is the significanc...