What types of testing are permitted under experimental use in patent law?

The MPEP outlines several types of testing that may be considered permissible experimental use:

• Developmental testing in the normal context of technological development
• Experimentation to determine utility under 35 U.S.C. 101
• Testing of functional features in design patent applications

However, the MPEP explicitly states that market testing is not permitted: “Experimentation to determine product acceptance, i.e., market testing, is typical of a trader’s and not an inventor’s experiment and is thus not within the area of permitted experimental activity.” (MPEP 2133.03(e)(6))

Additionally, testing solely for customer appeasement or minor adjustments not requiring inventor skills are not considered experimental use.

To learn more:

• experimental use
• permitted testing
• patent law
• market testing