What is the purpose of the on-sale and public use provisions in patent law?
The primary purpose of the on-sale and public use provisions in 35 U.S.C. 102 is to prevent inventors from commercially exploiting their inventions for more than one year before filing a patent application. As stated in the MPEP: “One policy of the on sale and public use provisions of 35 U.S.C. 102 is the prevention…
Read MoreCan experimental use negate the on-sale bar?
While experimental use can potentially negate the on-sale bar, it becomes increasingly difficult to prove as commercial exploitation increases. The MPEP states: “As the degree of commercial exploitation in public use or sale activity increases, the burden on an applicant to establish clear and convincing evidence of experimental activity with respect to a public use…
Read MoreWhat are the key indicators of commercial exploitation in patent law?
The MPEP outlines several activities that patent examiners should consider as indicators of commercial exploitation. These include: Preparation of commercial documents (e.g., orders, invoices, receipts) Creation and distribution of price lists and quotations Display of samples to potential customers Demonstration of models or prototypes, especially at trade conventions Use of an invention where an admission…
Read MoreHow does the America Invents Act (AIA) affect the interpretation of commercial exploitation?
The America Invents Act (AIA) has introduced changes to how commercial exploitation is interpreted in patent law. The MPEP notes: “This MPEP section may be applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).” For applications subject to AIA…
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