Patent Validity: Offers to Sell an Invention


If a patented invention is sold, or even offered for sale, more than one year before the patent application date, then a U.S. patent is unavailable. Many foreign countries refuse patents even if the offer to sell occurs only one day before filing for the patent.

While the definition of an actual completed sale of a patent invention is self-explanatory, one needs to determine what type of offer for sale would prevent patenting an invention after one year.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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