How does the location of experimental use affect patent rights?
The location where experimental use occurs can have significant implications for patent rights. The MPEP 2133.03(e)(5) provides guidance on this matter:
“Testing or experimentation performed in public may negate an assertion that there was a public use which was experimental.”
This statement indicates that while public testing doesn’t automatically disqualify an activity from being considered experimental use, it can complicate the assertion. Inventors should be cautious about conducting experiments in public spaces and should take measures to maintain control and confidentiality even when testing occurs outside of private facilities. The key is to ensure that any public aspect of the experimentation does not compromise the inventor’s control or the experimental nature of the use.
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