How does experimental use affect the public use bar in patent law?

Experimental use is an important exception to the public use bar in patent law. According to MPEP 2133.03(e):

“The use of an invention by the inventor himself, or of any other person under his direction, by way of experiment, and in order to bring the invention to perfection, has never been regarded as [a public] use.”

Key points about experimental use:

• It allows inventors to test and refine their inventions without triggering the public use bar.
• The use must be primarily for experimental purposes, not for commercial exploitation.
• The inventor must maintain control over the invention during the experimental period.
• Proper documentation of the experimental nature of the use is crucial.

Experimental use can provide a safe harbor for inventors to perfect their inventions without losing patent rights, but it must be carefully managed and documented.

To learn more:

• experimental use
• public use bar
• patent law
• inventor control