Section 706.02(c)(1) Rejections under 35 U.S.C. 102(a)(1); Public Use or Public Sale

[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file provisions of the AIA as explained in 35 U.S.C. 100 (note) and MPEP § 2159. See MPEP § 706.02(c)(2) for the examination of applications not subject to the first inventor to file provisions of the AIA involving public use or public sale.]

Public use and on sale rejections under 35 U.S.C. 102(a)(1) may be based on uses and sales from anywhere in the world. The uses and on sale activities must be “public.” Secret commercial sales should not be applied as “on sale” prior art under 35 U.S.C. 102(a)(1). See MPEP § 2152.02(d). While there is no requirement that the use or sale activity be by another, it should be noted that certain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with the inventor), that precede the effective filing date by less than one year. See MPEP § 2154.02.