What is the “experimental use” exception in patent law?
What is the “experimental use” exception in patent law?
The “experimental use” exception in patent law refers to a provision that allows inventors to test and refine their inventions without triggering the on-sale bar or public use bar. According to MPEP 2133.03(e), “If an inventor’s publicly disclosed activity is merely for the purpose of experiment, then it is not considered a public use within the meaning of 35 U.S.C. 102(b).” This exception enables inventors to conduct necessary trials and improvements without losing their right to patent protection.
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Topics:
MPEP 2100 - Patentability,
MPEP 2133.03(E) - Permitted Activity; Experimental Use,
Patent Law,
Patent Procedure