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Can third-party activities qualify as experimental use in patent law?

By russ.krajec@blueironip.com | September 30, 2024

Experimental use is personal to the inventor and generally does not extend to independent third-party activities. The MPEP states: “Where an inventor presents evidence of experimental activity by such other party, the evidence will not overcome the prima facie case of unpatentability based upon the activity of such party unless the activity was under the…

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