What activities are not considered experimental use in patent law?

Several activities are not considered experimental use in patent law. According to MPEP 2133.03(e)(6), the following are not within the scope of permissible experimental activity:

• Market testing or determining product acceptance
• Testing to appease a customer
• Conducting “minor ‘tune up’ procedures not requiring an inventor’s skills, but rather the skills of a competent technician”
• Public display of an ornamental design solely to generate consumer interest in the aesthetics (for design patents)

These activities are typically seen as commercial in nature or not directly related to the inventive process, and thus do not qualify for the experimental use exception.

To learn more:

• non-experimental activities
• market testing
• customer appeasement
• minor tune-ups
• ornamental design display