How does awaiting third-party approval affect the completeness of an invention?
Awaiting approval from a third-party organization, such as Underwriters’ Laboratories, typically does not extend the experimental use period if the inventor already considers the invention complete. The MPEP states: If the examiner concludes from the evidence of record that the inventor was satisfied that an invention was in fact “complete,” awaiting approval by the inventor from an organization such as Underwriters’ Laboratories will not normally overcome this conclusion.
(MPEP 2133.03(e)(3))
This means that once an inventor believes their invention is complete and functional, seeking external validation or certification does not typically extend the experimental use period for patent purposes.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2133.03(E)(3) - "Completeness" Of The Invention,
Patent Law,
Patent Procedure