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On-Sale Bar [Patent]: What You Need to Know About Patent Eligibility
Definition & Meaning
The term "on-sale bar" refers to a legal restriction that can prevent an invention from being patented if it has been sold or offered for sale more than one year before the patent application is filed. This means that if an inventor has made their invention available for purchase or has actively marketed it for over a year, they may lose the right to patent it. The on-sale bar is designed to encourage timely patent applications and to ensure that inventions are not kept secret for too long before being made available to the public.
Table of content
Legal Use & context
The on-sale bar is primarily relevant in patent law, which is a part of intellectual property law. It is crucial for inventors and businesses to understand this concept to maintain their patent rights. The on-sale bar can affect various industries, including technology, pharmaceuticals, and manufacturing. Users can manage their patent applications and related documents using legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor develops a new type of bicycle and starts selling it at a local store. If they file a patent application two years after the first sale, they may be barred from obtaining a patent due to the on-sale bar.
Example 2: A tech company demonstrates a new software product at a trade show and takes orders for it. If they wait over a year to file for a patent, they risk losing their patent rights under the on-sale bar. (hypothetical example)
Relevant laws & statutes
The on-sale bar is primarily governed by the United States Patent Act, specifically 35 U.S.C. § 102, which outlines the conditions for patentability, including the statutory bars related to public use and sale.
Comparison with related terms
Term
Definition
Difference
On-sale bar
Prevents patent eligibility if an invention is sold or offered for sale over a year before filing.
Specifically relates to sales and offers for sale.
Public use bar
Prevents patent eligibility if an invention is used publicly more than a year before filing.
Relates to public use rather than sales.
Prior art
Refers to any evidence that an invention is already known before the patent application.
Broader concept that includes publications, sales, and public use.
Common misunderstandings
What to do if this term applies to you
If you believe the on-sale bar may affect your invention, consider the following steps:
Evaluate the timeline of any sales or offers related to your invention.
Consult with a patent attorney to understand your options and potential risks.
Explore US Legal Forms for templates related to patent applications and other intellectual property matters.
Find the legal form that fits your case
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The on-sale bar is a legal restriction that prevents patenting an invention if it has been sold or offered for sale more than one year before filing a patent application.
If your invention has been sold or offered for sale over a year prior to your patent application, you may lose the right to obtain a patent.
It depends on the timing. If the offer occurred more than one year before filing, you may be barred from patenting it.