How does inventor intent affect experimental use in patent law?
Inventor intent is crucial in determining whether an activity qualifies as experimental use. However, subjective intent alone is not sufficient. The MPEP states: “When sales are made in an ordinary commercial environment and the goods are placed outside the inventor’s control, an inventor’s secretly held subjective intent to ‘experiment,’ even if true, is unavailing without…
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…
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