Can an inventor’s secret intent to experiment prevent a statutory bar?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, an inventor’s secret intent to experiment is not sufficient to prevent a statutory bar. The MPEP 2133.03(e)(2) cites the case of Paragon Podiatry Laboratory, Inc. v. KLM Labs., Inc., stating:

“Evidence of the inventor’s secretly held belief that the units were not durable and may not be satisfactory for consumers was not sufficient, alone, to avoid a statutory bar.”

This means that objective evidence of experimental use is required, and the inventor’s undisclosed intentions are not enough to overcome a public use or on-sale bar.