Patent Bar Practice Exam 2025 - Free Patent Bar Practice Questions and Study Guide

The accurate statement regarding statutory bars and delayed filing is that sales activities that occur in the year prior to filing can bar a patent. This is rooted in the principle established by the Patent Act, specifically under 35 U.S.C. § 102, which indicates that certain public disclosures or sales of the invention can prevent a patent from being granted if they occur before the filing date of the patent application.

This provision is designed to encourage inventors to quickly file for patents, as public sales or disclosures can be deemed as a form of prior art that demonstrates that the invention has been publicly known or used, thus negating its novelty. If a sale of the invention occurs more than one year before the patent application is filed, it does not create a statutory bar. Therefore, it is the specific one-year window prior to filing that is critical in determining whether prior sales or disclosures affect the patentability of the invention.

In summary, the focus on activities that occur within a one-year period before filing is essential for understanding the implications of statutory bars in patent law, making this statement accurate.