How does experimental activity apply to design patents?
Experimental activity in the context of design patents is more limited compared to utility patents. According to MPEP 2133.03(e)(6):
“The public use of an ornamental design which is directed toward generating consumer interest in the aesthetics of the design is not an experimental use.”
However, there is an exception:
“[E]xperimentation directed to functional features of a product also containing an ornamental design may negate what otherwise would be considered a public use.”
This means that while testing the aesthetic aspects of a design is generally not considered experimental use, testing functional features associated with the design might qualify as experimental activity.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2133.03(E)(6) - Permitted Experimental Activity And Testing,
Patent Law,
Patent Procedure