How does commercial exploitation affect the public use and on sale bars?
Commercial exploitation is a significant factor in determining whether an invention has been in public use or on sale under pre-AIA 35 U.S.C. 102(b). Even if an inventor claims experimental use, evidence of commercial exploitation can negate this defense and trigger the statutory bars. As stated in MPEP 2133.03(e)(1): “As the degree of commercial exploitation…
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 MoreWhat factors indicate commercial exploitation in patent law?
The MPEP outlines several factors that can indicate commercial exploitation, which may negate the experimental use exception. These include: Preparation of commercial documents (orders, invoices, receipts) Preparation and distribution of price lists and quotations Display of samples to potential customers Demonstration of models or prototypes, especially at trade conventions Charging admission fees for use of…
Read MoreHow does commercial exploitation affect experimental use in patent law?
How does commercial exploitation affect experimental use in patent law? Commercial exploitation can significantly impact whether an activity qualifies as experimental use in patent law. MPEP 2133.03(e) emphasizes that “The experimental use exception does not include market testing where the inventor is attempting to gauge consumer demand for his claimed invention.” This means that activities…
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…
Read More