Legal Definitions - prior sale

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.