Can experimental use negate the on-sale bar in patent law?

Experimental use can potentially negate the on-sale bar in patent law. According to MPEP 2133.03(b):

“If the use or sale was experimental, there is no bar under 35 U.S.C. 102(b).”

Key points about experimental use:

• It must be for the purpose of perfecting the invention, not for commercial exploitation.
• The inventor must maintain control over the experimentation.
• The experimentation must be necessary to bring the invention to perfection.
• Detailed records of the experimentation should be kept.

Courts consider various factors to determine if a use or sale was truly experimental, including the length of the test period, whether payment was made, and whether there was a secrecy agreement.

To learn more:

• experimental use
• on sale bar
• patent law
• commercialization