Patent Law FAQ

The intent of the inventor is not sufficient alone to determine whether a public use or on-sale bar applies. As stated in MPEP 2133.03(e)(2):

“When sales are made in an ordinary commercial environment and the goods are placed outside the inventor’s control, an inventor’s secretly held subjective intent to ‘experiment,’ even if true, is unavailing without objective evidence to support the contention.”

This means that objective evidence is crucial in determining whether a use or sale was experimental, rather than commercial. The inventor’s secret intent is not enough to overcome a statutory bar.

To learn more:

• public use
• on-sale bar
• experimental use
• intent
• objective evidence