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If a patent applicant makes use of an invention for testing or experimental purposes (rather than for public or commercial purposes), such use is not considered when computing the one-year statutory bar period under 35 U.S.C. §102. The experimentation must be to verify that the invention works for its intended purpose, as distinguished from other uses such as marketing research.

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  • Experimental use doctrine
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  • If a patent applicant makes use of an invention for testing or experimental purposes (rather than for public or commercial purposes), such use is not considered when computing the one-year statutory bar period under 35 U.S.C. §102. The experimentation must be to verify that the invention works for its intended purpose, as distinguished from other uses such as marketing research.
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  • If a patent applicant makes use of an invention for testing or experimental purposes (rather than for public or commercial purposes), such use is not considered when computing the one-year statutory bar period under 35 U.S.C. §102. The experimentation must be to verify that the invention works for its intended purpose, as distinguished from other uses such as marketing research.
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