What is the experimental use doctrine in patent law?

The experimental use doctrine determines whether an inventor’s activity prior to filing a patent application was primarily for experimentation or for commercial purposes. According to the MPEP, “The question posed by the experimental use doctrine is ‘whether the primary purpose of the inventor at the time of the sale, as determined from an objective evaluation of the facts surrounding the transaction, was to conduct experimentation.'” (MPEP 2133.03(e))

Experimentation must be the primary purpose, with any commercial exploitation being incidental. If the use or sale was primarily experimental, it does not create a bar under pre-AIA 35 U.S.C. 102(b).

To learn more:

• experimental use
• patent law
• prior art
• on-sale bar
• public use