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Navigating the On-Sale Bar Globally, Realities in the US, Europe, and China

By Thomas Ewing, Yongjia Zhou | Posted on September 3, 2026

In today’s global innovation economy, the bridge between a technology’s commercial launch and its patent protection is often complicated by legal issues. One of the most critical, yet unevenly understood, concepts across international patent systems is the restriction placed on a patent application following commercial activity—broadly referred to in the US as the “on-sale bar.”...

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Thomas Ewing, Senior Counsel and IP Strategist, Gothenburg, Sweden

Thomas Ewing

Senior Counsel, IP Strategist

Yongjia Zhou, Associate and China Patent Attorney, Beijing, China

Yongjia Zhou

Associate, China Patent Attorney

Ai-Leen Lim, Partner and Attorney at Law, Hong Kong SAR

Ai-Leen Lim

Partner, Attorney at Law, Group Vice President

Joanna Lu, Senior Associate and Attorney at Law, Beijing, China

Joanna Lu

Senior Associate, Attorney at Law

Anders Heebøll-Nielsen, Partner and European Patent Attorney, Copenhagen, Denmark

Anders Heebøll-Nielsen

Partner, European Patent Attorney, Certified Danish Patent Agent

Ashley Zhao, Partner and Attorney at Law, Beijing, China

Ashley Zhao

Partner, Attorney at Law, Business Area Manager