The On-Sale Bar is a regulation that prohibits individuals from obtaining a patent for an invention if they have sold or offered to sell it more than one year prior to applying for the patent.
The on-sale bar, outlined in 35 USCA ยง 102(b), is a legal rule that prohibits an invention from being patented if it has been sold or offered for sale more than one year prior to filing a patent application. For instance, if John invents a new bicycle chain and starts selling it to bike shops in January 2020, but waits until January 2021 to file a patent application, he may be unable to obtain a patent due to the on-sale bar. This rule aims to prevent inventors from delaying patent applications in order to profit from their inventions. If an inventor waits too long to file, they risk losing the opportunity to obtain a patent. In the given example, John would have needed to file his patent application before January 2021 to avoid the on-sale bar.
The on-sale bar is a legal doctrine that prevents an inventor from obtaining a patent if the invention has been on sale or publicly disclosed for more than one year before filing a patent application.
Yes, the on-sale bar applies to all types of inventions, whether they are products or processes.
A sale under the on-sale bar can include any commercial transaction where the invention is offered for sale, sold, or even subject to an agreement for sale.
Yes, the on-sale bar applies even if the sale was confidential or secret. The key factor is whether the invention was made available to the public in any way.
No, the on-sale bar only applies to commercial activities. Non-commercial activities, such as experimental use or testing, do not trigger the on-sale bar.
Yes, in certain circumstances, the on-sale bar can be overcome. For example, if the sale was an experimental use or if the invention was not ready for patenting at the time of the sale.
The on-sale bar is specific to the patent laws of each country. Different countries may have different rules regarding the on-sale bar, so it is important to consult with a patent attorney familiar with the specific jurisdiction.
Yes, the on-sale bar can be used as a defence in patent infringement litigation. If the accused infringer can prove that the invention was on sale or publicly disclosed before the patent’s filing date, it can invalidate the patent.
Yes, the on-sale bar can apply to provisional patent applications. If an invention is publicly disclosed or put on sale before filing a provisional patent application, it can still trigger the on-sale bar.
To avoid triggering the on-sale bar, it is crucial to file a patent application before any public disclosure or commercial sale of the invention. It is advisable to consult with a patent attorney to ensure compliance with the on-sale bar requirements.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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