UNDERSTANDING THE ON SALE BAR IN U.S. PATENT LAW
A patent shall not issue if the invention was "on sale in this country, more than one year prior to the date of the application for patent in the United States." 35 U.S.C. § 102(b). Known as the " On Sale Bar ," one year after the first offer for sale, the inventor's own invention becomes prior art against their application. A sale for the purpose of technical experiment, however, may not activate the On Sale Bar. This is referred to as the "experimental use" exception to the On Sale Bar. The experimental use exception similarly applies to any public use of the invention that might otherwise become blocking prior art.
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