How does the experimental use exception affect the public use bar in patents?
How does the experimental use exception affect the public use bar in patents?
The experimental use exception directly impacts the public use bar in patent law by providing a safe harbor for inventors to publicly test their inventions. As stated in MPEP 2133.03(e), “The experimental use exception does not include market testing where the inventor is attempting to gauge consumer demand for his claimed invention.” This means that genuine experimental activities do not count as public use, allowing inventors to refine their inventions without losing patent rights. However, it’s crucial to distinguish between true experimentation and commercial exploitation.
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Topics:
MPEP 2100 - Patentability,
MPEP 2133.03(E) - Permitted Activity; Experimental Use,
Patent Law,
Patent Procedure