How does the level of supervision affect public use in patent law?

The level of supervision during experimental use can significantly impact whether an activity is considered public use under patent law. According to MPEP 2133.03(e)(5): “The degree of supervision and control over the invention required of the inventor to establish experimental use is generally high.” This means that inventors must maintain substantial control over their invention…

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What constitutes “secret use” in patent law?

What constitutes “secret use” in patent law? In patent law, “secret use” refers to the use of an invention that is kept confidential and not accessible to the public. The Manual of Patent Examining Procedure (MPEP) 2152.02(c) states: “An inventor’s private use or sale of the invention is not prior art under AIA 35 U.S.C.…

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Can a secret use of an invention constitute public use?

Yes, in some circumstances, a secret or confidential use of an invention can constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP explains: “[S]ecrecy of use alone is not sufficient to show that existing knowledge has not been withdrawn from public use; commercial exploitation is also forbidden.” (MPEP 2133.03(a)) This means that even if…

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