When does experimental use end in patent law?
Experimental use ends when the invention is actually reduced to practice. The MPEP states: “Experimental use ‘means perfecting or completing an invention to the point of determining that it will work for its intended purpose.’ Therefore, experimental use ‘ends with an actual reduction to practice.’” (MPEP 2133.03(e)(3)) Once the inventor is satisfied that the invention…
Read MoreWhen does experimental use of an invention end?
Experimental use of an invention ends when the invention is actually reduced to practice. According to the MPEP, Experimental use “means perfecting or completing an invention to the point of determining that it will work for its intended purpose.” Therefore, experimental use “ends with an actual reduction to practice.” (MPEP 2133.03(e)(3)) This means that once…
Read MoreHow can a 37 CFR 1.131 affidavit affect the on-sale bar determination?
A 37 CFR 1.131 affidavit, commonly used to swear behind a reference, can inadvertently affect the on-sale bar determination. The MPEP warns: Affidavits or declarations submitted under 37 CFR 1.131 to swear behind a reference may constitute, among other things, an admission that an invention was “complete” more than 1 year before the filing of…
Read MoreWhat are the critical dates for establishing invention completion in NAFTA and WTO countries?
The MPEP 715.07(c) provides specific critical dates for establishing invention completion in NAFTA and WTO countries under pre-AIA law: NAFTA countries: On or after December 8, 1993 WTO member countries (other than NAFTA): On or after January 1, 1996 The MPEP states: “Acts occurring prior to the effective dates of NAFTA or URAA may be…
Read More