How do courts weigh objective evidence against inventor testimony?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Courts typically give more weight to objective evidence than to inventor testimony when determining whether a use or sale was experimental. The MPEP 2133.03(e)(2) cites a recent case: “Sunoco Partners Mktg. & Terminals LP v. U.S. Venture, Inc., 32 F.4th 1161, 1171-72, 2022 USPQ2d 417 (Fed. Cir. 2022) (The Federal Circuit relied on the objective evidence of the contract over the inventors’ testimony that their intent for the agreement was experimental)” This illustrates that courts prioritize concrete, objective evidence such as contracts or documentation over the subjective testimony of inventors about their intentions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Experimental Use Exception Under Pre-AIA 102(b) MPEP 2133.03(e) Experimental Use Exception for Pre-AIA Section 102(b) MPEP 2133.03(e) Experimental Use Does Not Bar Public Disclosure If Aimed at Perfecting Invention MPEP 2133.03(e) Market Testing Not Experimental Use MPEP 2133.03(e) Requirement for Determining Public Use and On Sale Under AIA MPEP 2133.03(e) Permitted Primary Purpose of Sale Must Be Experimentation MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Required Commercial Exploitation Must Be Incidental to Experimentation MPEP 2133.03(e) Required Rule Not Applicable to FITF Applications MPEP 2133 Other Related FAQs 5 FAQs Collapse How does the AIA affect the interpretation of public use and on-sale bar? How does customer awareness affect experimental use claims? What is the significance of intent in determining public use or on-sale bar? What constitutes objective evidence of experimental use? Can an inventor&#8...