‘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.

7 minute read December 01, 2025 at 12:09 AM
By
Travis W. Bliss
‘Secret Sales’ of Invention Can Destroy Novelty Requirement

One of the requirements for patentability is that the invention being patented is “new” or “novel.”

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