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Experimental use doctrine

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U.S. patent law Edit

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.[1]

References Edit

  1. MPEP 2133.03(e), 2133.03(e) (4), and 2133.03(e) (6).

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