How does customer awareness affect experimental use claims?

Customer awareness is a crucial factor in establishing experimental use. According to MPEP 2133.03(e)(2):

“Under such circumstances, the customer at a minimum must be made aware of the experimentation.”

This means that if an inventor claims experimental use, they must provide evidence that customers were informed about the experimental nature of the product or process. Without such awareness, the use or sale is more likely to be considered commercial rather than experimental.

To learn more:

• experimental use
• customer awareness
• public use
• on-sale bar