Public-Use Bar: What Startups Need To Know

"Even prototypes expected to be subjected to further development should be tightly controlled and not employed to perform revenue-generating activities until appropriate patent applications have been filed."

Startups often face many competing pressures. Two such pressures that are frequently at odds with each other are the need to adequately protect the intellectual property that will be the basis for future revenue and investment, and the need to bring such revenue and investment into the business to allow for continued technology development and commercialization. Many startups are aware of how the on-sale bar interacts with these pressures and the associated need to file patent applications on any technology prior to offering or placing it on sale. However, fewer startups are aware of the public-use bar and how activities pursued with the goal of growing their businesses may unwittingly invoke it. This article provides an overview of the public-use bar and