One of the requirements for patentability is that the invention being patented is “new” or “novel.” 35 U.S.C. Section 102 sets forth the novelty requirement of the patent law.
‘Secret Sales’ of Invention Can Destroy Novelty Requirement
Can a sale that does not actually expose the to-be-patented invention to the public destroy the novelty of that invention? The answer to this question, which is often somewhat surprising to inventors and business owners, is “yes” — there are certain circumstances in which even a nonpublic, secret sale can trigger the novelty bar.

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