What 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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What 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…

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What is the difference between AIA and pre-AIA patent law regarding “in this country”?

The concept of “in this country” differs significantly between the America Invents Act (AIA) and pre-AIA patent law: Pre-AIA: The “in this country” requirement was explicitly stated in 35 U.S.C. 102(b), limiting the public use and on-sale bars to activities within the United States and its territories. AIA: The AIA removed the “in this country”…

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How does the AIA affect the on-sale bar in patent law?

The America Invents Act (AIA) made significant changes to the on-sale bar in patent law. According to MPEP 2152.02(d): “The pre-AIA on sale bar is not limited to sales or offers for sale that make the invention available to the public… [Under AIA] the sale must make the invention available to the public.” Key changes…

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