How does market testing and commercialization information relate to patent disclosures?
Market testing, marketing, and commercialization activities can produce information material to patentability that should be disclosed to the USPTO. The MPEP 2015 states: “Activities or documents associated with market testing, marketing, or commercialization by the patent applicant can also be material to patentability, and therefore, when material, should be disclosed to the USPTO.” This requirement…
Read MoreCan experimental use negate the on-sale bar in patent law?
Experimental use can potentially negate the on-sale bar in patent law. According to MPEP 2133.03(b): “If the use or sale was experimental, there is no bar under 35 U.S.C. 102(b).” Key points about experimental use: It must be for the purpose of perfecting the invention, not for commercial exploitation. The inventor must maintain control over…
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