What does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?

According to the MPEP, “The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public.” This interpretation was established in the case of Carella v. Starlight Archery. The MPEP further clarifies that for knowledge or use to be considered accessible to…

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What constitutes objective evidence of experimental use?

Objective evidence of experimental use typically includes documentation and actions that demonstrate the inventor’s intent to experiment rather than commercialize the invention. While the MPEP 2133.03(e)(2) doesn’t provide an exhaustive list, it suggests that such evidence may include: Informing customers about the experimental nature of the product or process Maintaining control over the invention during…

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Is market testing considered experimental activity for patent purposes?

No, market testing is not considered experimental activity for patent purposes. The MPEP 2133.03(e)(6) clearly states: “Experimentation to determine product acceptance, i.e., market testing, is typical of a trader’s and not an inventor’s experiment and is thus not within the area of permitted experimental activity.” This means that testing an invention to gauge consumer interest…

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What issues are not considered in inter partes reexamination?

Inter partes reexamination is limited in scope and does not consider all potential issues related to patent validity. According to the MPEP, the following issues are not considered: Public use or on-sale activities Conduct issues Abandonment under pre-AIA 35 U.S.C. 102(c) Other issues not based on patents or printed publications The MPEP states: “If questions…

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