Experimental Use

A public use of the invention that having the primary purpose is of testing of the invention. Experimental use is allowed in the U.S. and Japan (for a short period) but not in most jurisdictions. MPEP 2133.03(e), MPEP 2133.03(e)(4), MPEP 2133.03(e)(6).

Under Section 102(b) of the Patent Statute, there are a number of statutory bars which state that one cannot file a U.S. patent application more than one year after the initial placing on sale, publication, or public use of an invention. If the use was, in fact, experimental use rather than public or commercial use, such use is not counted in computing the one-year period. The experimentation must be to verify that the invention works for its intended purpose as distinguished from other factors such as marketing research.