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

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.

To learn more:

• experimental use
• secret intent
• statutory bar
• objective evidence