What constitutes permitted experimental activity in patent law?

Permitted experimental activity in patent law generally includes testing an invention in the normal context of its technological development. According to MPEP 2133.03(e)(6), “Testing of an invention in the normal context of its technological development is generally within the realm of permitted experimental activity.” This can include:

• Developmental testing
• Experimentation to determine utility as applied in 35 U.S.C. 101

However, it’s important to note that market testing is not considered permitted experimental activity.

To learn more:

• experimental activity
• patent law
• developmental testing
• utility determination