Legal Definitions - on-sale bar

The on-sale bar is a rule in U.S. patent law that prevents an inventor from obtaining a patent for an invention if it was commercially sold or offered for sale to the public more than one year before the inventor filed their patent application.

This rule is designed to encourage inventors to file their patent applications promptly after commercializing their inventions. It prevents inventors from extending the effective life of their patent protection by selling or offering an invention for a long period before seeking a patent.

Here are some examples illustrating the on-sale bar:

• Example 1: Direct Commercial Sale
  An inventor develops a novel, energy-efficient air conditioning unit. On January 15, 2022, they begin selling these units to customers through their website and local distributors. They do not file a patent application for the air conditioning unit until March 1, 2023.

  Explanation: The inventor commercially sold the invention on January 15, 2022. Since this date is more than one year before the patent application filing date of March 1, 2023 (approximately 13.5 months later), the on-sale bar would likely prevent the inventor from obtaining a patent for the air conditioning unit.

• Example 2: Offer for Sale to Potential Clients
  A startup company creates a unique software platform for managing complex logistics. In May 2021, they present a fully functional beta version of the software to several large corporations, providing detailed pricing proposals and offering licensing agreements. They file a patent application for the software platform in July 2022.

  Explanation: The act of presenting the software with pricing and licensing offers in May 2021 constitutes an "offer for sale." Because this commercial offer occurred more than one year before the July 2022 patent application filing, the on-sale bar would likely apply, making the software platform ineligible for patent protection.

• Example 3: Commercial Use with Payment
  An engineer invents a new type of durable, self-cleaning material for building facades. In February 2022, they install this material on a commercial building owned by a client, charging the client for the material and its installation. Although the engineer considers this an initial "field test," the client paid for the product and its application. The engineer files their patent application in April 2023.

  Explanation: Even if the inventor considered it a test, charging a client for the material and installation in February 2022 is a commercial transaction, effectively a sale or an offer for sale. Since this commercial activity happened more than one year before the April 2023 patent application, the on-sale bar would likely prevent the engineer from obtaining a patent for the self-cleaning material.