What constitutes objective evidence of experimental use?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Objective evidence of experimental use typically includes documentation and actions that demonstrate the inventor’s intent to experiment rather than commercialize the invention. While the MPEP 2133.03(e)(2) doesn’t provide an exhaustive list, it suggests that such evidence may include:

• Informing customers about the experimental nature of the product or process
• Maintaining control over the invention during testing
• Keeping records of the experimental process and results
• Limiting the scale or duration of use to what’s necessary for testing

The key is to show that the primary purpose of the use or sale was for experimentation rather than commercial gain.