What is the significance of keeping records during experimental use?

What is the significance of keeping records during experimental use?

Keeping detailed records during experimental use is crucial for inventors seeking to protect their patent rights. According to MPEP 2133.03(e), whether records were kept is one of the factors considered in determining if an activity qualifies as experimental use. Good record-keeping serves multiple purposes:

• It demonstrates the inventor’s intent to experiment rather than commercialize
• It provides evidence of the nature and progress of the experimentation
• It can help establish the timeline of the invention’s development
• It supports claims of experimental use if challenged later

Thorough records can be invaluable in distinguishing genuine experimentation from public use or on-sale activities, potentially safeguarding the inventor’s right to patent protection.

To learn more:

• experimental use
• record keeping
• patent law
• invention development