How does control and supervision affect experimental use in patent law?
Control and supervision by the inventor are crucial factors in determining whether an activity qualifies as experimental use. The MPEP emphasizes: “The significant determinative factors in questions of experimental purpose are the extent of supervision and control maintained by an inventor over an invention during an alleged period of experimentation, and the customer’s awareness of the experimentation.” (MPEP 2133.03(e)(5))
If an inventor relinquishes control and supervision without any restrictions on subsequent use of the invention, any unrestricted use after that point may be considered a bar under pre-AIA 35 U.S.C. 102(b). Maintaining control over the invention and ensuring customer awareness of the experimental nature are essential for claiming experimental use.
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