What is the significance of confidentiality agreements in experimental use?

Confidentiality agreements play a crucial role in establishing experimental use and preventing public use in patent law. The MPEP 2133.03(e)(5) states: “Where the inventor or someone under his or her control is working on the invention without a confidentiality agreement or order of secrecy, there may be evidence of public use.” This highlights the importance…

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How does commercial exploitation affect the public use and on sale bars?

Commercial exploitation is a significant factor in determining whether an invention has been in public use or on sale under pre-AIA 35 U.S.C. 102(b). Even if an inventor claims experimental use, evidence of commercial exploitation can negate this defense and trigger the statutory bars. As stated in MPEP 2133.03(e)(1): “As the degree of commercial exploitation…

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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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