What constitutes permitted experimental activity in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Permitted experimental activity in patent law generally includes testing an invention in the normal context of its technological development. According to MPEP 2133.03(e)(6) , “Testing of an invention in the normal context of its technological development is generally within the realm of permitted experimental activity.” This can include: Developmental testing Experimentation to determine utility as applied in 35 U.S.C. 101 However, it’s important to note that market testing is not considered permitted experimental activity. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Market Testing Not Experimental Use MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Required Requirement for Determining Public Use and On Sale Under AIA MPEP 2133.03(e) Permitted Primary Purpose of Sale Must Be Experimentation MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Experimental Use Exception Under Pre-AIA 102(b) MPEP 2133.03(e) Experimental Use Exception for Pre-AIA Section 102(b) MPEP 2133.03(e) Commercial Exploitation Must Be Incidental to Experimentation MPEP 2133.03(e) Required Experimental Use Does Not Bar Public Disclosure If Aimed at Perfecting Invention MPEP 2133.03(e) Rule Not Applicable to FITF Applications MPEP 2133 Other Related FAQs 5 FAQs Collapse How does experimental activity apply to design patents? What types of testing are allowed as experimental use for inventions with no known utility? Is market testing considered experimental activity for patent purposes? What activities are not considered experimental use in patent law? How does the America Invents Act (AIA) affect the interpretation of experimental use?