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Term: PRIOR SALE
Definition: Prior sale refers to the sale or offer of an invention before a patent application is filed. If the sale happened more than a year before the application is filed, the patent is not valid. This means that someone else can make, use, or sell the invention without permission from the patent holder.
Prior Sale
Prior sale refers to the sale or offer of sale of an invention before a patent application is filed. If the sale occurred more than one year before the application is filed, the patent is barred by statute.
Example 1: John invents a new type of phone case and sells it to his friend before filing a patent application. If John files a patent application more than one year after the sale, he will not be able to obtain a patent for his invention.
Example 2: Sarah creates a new type of software and offers it for sale on her website. If Sarah files a patent application more than one year after the offer of sale, she will not be able to obtain a patent for her invention.
Prior sale is an important concept in patent law because it can prevent inventors from obtaining a patent for their invention. If an inventor sells or offers to sell their invention before filing a patent application, they may be barred from obtaining a patent. This is because the sale or offer of sale can be seen as a public disclosure of the invention, which can prevent the inventor from obtaining a patent. The examples illustrate how prior sale can impact an inventor's ability to obtain a patent.