Patent Law FAQ

The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:

1. The invention is reduced to practice; or
2. The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.

This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.

To learn more:

• ready for patenting
• on sale bar
• reduced to practice
• enabling disclosure

The experimental use exception is a legal doctrine that can negate what would otherwise be considered a public use or sale under pre-AIA 35 U.S.C. 102(b). This exception allows inventors to test and perfect their inventions without triggering the statutory bars.

As stated in MPEP 2133.03(e):

“The question posed by the experimental use doctrine is ‘whether the primary purpose of the inventor at the time of the sale, as determined from an objective evaluation of the facts surrounding the transaction, was to conduct experimentation.’”

Key factors in determining if the experimental use exception applies include:

• The necessity for public testing
• The amount of control retained by the inventor
• The nature of the invention
• The length of the test period
• Whether payment was made
• Whether there was a secrecy obligation
• Whether records of the experiment were kept
• The degree of commercial exploitation during testing

It’s important to note that market testing or commercial exploitation under the guise of experimentation will not qualify for this exception. The primary purpose must be experimentation, not commercial gain.

To learn more:

• experimental use
• public use
• on sale bar
• pre-AIA 102(b)
• patent law

The experimental use exception is a legal doctrine that can negate what would otherwise be considered a public use or sale under pre-AIA 35 U.S.C. 102(b). This exception allows inventors to test and perfect their inventions without triggering the statutory bars.

As stated in MPEP 2133.03(e):

“The question posed by the experimental use doctrine is ‘whether the primary purpose of the inventor at the time of the sale, as determined from an objective evaluation of the facts surrounding the transaction, was to conduct experimentation.’”

Key factors in determining if the experimental use exception applies include:

• The necessity for public testing
• The amount of control retained by the inventor
• The nature of the invention
• The length of the test period
• Whether payment was made
• Whether there was a secrecy obligation
• Whether records of the experiment were kept
• The degree of commercial exploitation during testing

It’s important to note that market testing or commercial exploitation under the guise of experimentation will not qualify for this exception. The primary purpose must be experimentation, not commercial gain.

To learn more:

• experimental use
• public use
• on sale bar
• pre-AIA 102(b)
• patent law

The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:

1. The invention is reduced to practice; or
2. The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.

This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.

To learn more:

• ready for patenting
• on sale bar
• reduced to practice
• enabling disclosure

The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:

1. The invention is reduced to practice; or
2. The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.

This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.

To learn more:

• ready for patenting
• on sale bar
• reduced to practice
• enabling disclosure

The experimental use exception is a legal doctrine that can negate what would otherwise be considered a public use or sale under pre-AIA 35 U.S.C. 102(b). This exception allows inventors to test and perfect their inventions without triggering the statutory bars.

As stated in MPEP 2133.03(e):

“The question posed by the experimental use doctrine is ‘whether the primary purpose of the inventor at the time of the sale, as determined from an objective evaluation of the facts surrounding the transaction, was to conduct experimentation.’”

Key factors in determining if the experimental use exception applies include:

• The necessity for public testing
• The amount of control retained by the inventor
• The nature of the invention
• The length of the test period
• Whether payment was made
• Whether there was a secrecy obligation
• Whether records of the experiment were kept
• The degree of commercial exploitation during testing

It’s important to note that market testing or commercial exploitation under the guise of experimentation will not qualify for this exception. The primary purpose must be experimentation, not commercial gain.

To learn more:

• experimental use
• public use
• on sale bar
• pre-AIA 102(b)
• patent law

The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:

1. The invention is reduced to practice; or
2. The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.

This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.

To learn more:

• ready for patenting
• on sale bar
• reduced to practice
• enabling disclosure

The experimental use exception is a legal doctrine that can negate what would otherwise be considered a public use or sale under pre-AIA 35 U.S.C. 102(b). This exception allows inventors to test and perfect their inventions without triggering the statutory bars.

As stated in MPEP 2133.03(e):

“The question posed by the experimental use doctrine is ‘whether the primary purpose of the inventor at the time of the sale, as determined from an objective evaluation of the facts surrounding the transaction, was to conduct experimentation.’”

Key factors in determining if the experimental use exception applies include:

• The necessity for public testing
• The amount of control retained by the inventor
• The nature of the invention
• The length of the test period
• Whether payment was made
• Whether there was a secrecy obligation
• Whether records of the experiment were kept
• The degree of commercial exploitation during testing

It’s important to note that market testing or commercial exploitation under the guise of experimentation will not qualify for this exception. The primary purpose must be experimentation, not commercial gain.

To learn more:

• experimental use
• public use
• on sale bar
• pre-AIA 102(b)
• patent law