What are the key indicators of commercial exploitation in patent law?

The MPEP outlines several activities that patent examiners should consider as indicators of commercial exploitation. These include:

• Preparation of commercial documents (e.g., orders, invoices, receipts)
• Creation and distribution of price lists and quotations
• Display of samples to potential customers
• Demonstration of models or prototypes, especially at trade conventions
• Use of an invention where an admission fee is charged
• Advertising in publicity releases, brochures, and periodicals

These activities can be used to determine the inventor’s subjective intent regarding commercialization. As the MPEP states:

“The extent of commercial activity which constitutes ‘on sale’ status depends upon the circumstances of the activity, the basic indicator being the subjective intent of the inventor as manifested through objective evidence.”

Inventors should be cautious about engaging in these activities before filing a patent application, as they could potentially trigger the on-sale bar.

To learn more:

• commercial exploitation
• on-sale bar
• patent law
• inventor intent
• public use