Does an inventor’s private use of an invention constitute public use?

Generally, an inventor’s private use of an invention for their own enjoyment does not constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP provides guidance on this matter:

“An inventor’s private use of the invention, for his or her own enjoyment is not a public use.”

(MPEP 2133.03(a))

This principle is illustrated in the case of Moleculon Research Corp. v. CBS, Inc., where the court held that an inventor showing his inventive puzzle to close friends in his dorm room and later discussing it with his company president did not result in a “public use.” The key factor was that the inventor retained control over the invention.

However, it’s important to note that if the private use involves commercial exploitation or if the invention becomes accessible to the public without restrictions, it may still be considered a public use. The determination often depends on the specific circumstances and the level of control the inventor maintains over the invention.

To learn more:

• private use
• public use
• inventor’s use
• pre-AIA 35 U.S.C. 102(b)
• patent bar