Patent Law FAQ

The level of supervision during experimental use can significantly impact whether an activity is considered public use under patent law. According to MPEP 2133.03(e)(5):

“The degree of supervision and control over the invention required of the inventor to establish experimental use is generally high.”

This means that inventors must maintain substantial control over their invention during testing to ensure it qualifies as experimental use rather than public use. Lack of proper supervision may lead to the activity being classified as public use, potentially affecting patent rights.

To learn more:

• experimental use
• public use
• supervision
• inventor control