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Inventions in Use or on Sale

November 20, 2018 | by | Patent Law

The inventor must realize that a patent must not be obtained if the invention was on sale or in public use in the U.S. or described in a publication anywhere in the world, more than one year prior to the filling of the application. If an inventor markets or sells the inventions more than one year prior to filling an application, the inventor is not entitled to receive a patent, as the invention is deemed to have enter the public domain. An exception to this “on sale” rule may apply if the use of the invention is purely experimental. Any such use should be discussed in detail with patent counsel.