Is market testing considered experimental activity for patent purposes?
No, market testing is not considered experimental activity for patent purposes. The MPEP 2133.03(e)(6) clearly states:
“Experimentation to determine product acceptance, i.e., market testing, is typical of a trader’s and not an inventor’s experiment and is thus not within the area of permitted experimental activity.”
This means that testing an invention to gauge consumer interest or market acceptance does not qualify as experimental use and may be considered public use or sale, potentially affecting patentability.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2133.03(E)(6) - Permitted Experimental Activity And Testing,
Patent Law,
Patent Procedure