Public Demonstration of Method Without Testing Claim Elements or Evaluating Overall Suitability of the Method Is Not Experimental Use

摘要

Under US law, an applicant is barred from obtaining a patent if the invention was on-sale or in public use more than one year prior to the filing of a patent application.1 An exception to this rule is available to an applicant that carries out experimental use of the invention. Such experimentation is intended to perfect the invention, but the applicant must maintain control over a public demonstration that tests patented features to ensure that the public use is considered an excused experimental use.