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

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Market Testing Not Experimental Use MPEP 2133.03(e) 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) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Required 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) 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 commercial exploitation affect experimental use in patent law? What factors indicate commercial exploitation in patent law? How does control and supervision affect experimental use...