What is the significance of confidentiality agreements in 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.

Confidentiality agreements play a crucial role in establishing experimental use and preventing public use in patent law. The MPEP 2133.03(e)(5) states:

“Where the inventor or someone under his or her control is working on the invention without a confidentiality agreement or order of secrecy, there may be evidence of public use.”

This highlights the importance of having proper confidentiality measures in place during experimentation. Without such agreements, activities may be viewed as public use, potentially jeopardizing patent rights. Inventors should ensure that all parties involved in testing or development are bound by confidentiality obligations to maintain the experimental nature of the use.