What is the “experimental use” exception in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse 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) 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) Experimental Use Does Not Bar Public Disclosure If Aimed at Perfecting Invention MPEP 2133.03(e) Market Testing Not Experimental Use MPEP 2133.03(e) Primary Purpose Must Be Experimentation MPEP 2133.03(e) Required Primary Purpose Must Be Experimentation MPEP 2133.03(e) Commercial Exploitation Must Be Incidental to Experimentation MPEP 2133.03(e) Required Rule Not Applicable to FITF Applications MPEP 2133 Other Related FAQs 5 FAQs Collapse How does commercial exploitation affect experimental use in patent law? What factors indicate commercial exploitation in patent law? How does control and supervision affect experimental use in patent law? What is the experimental use doctrine in patent law? How does the experimental use exception affect the public use bar in patents?