Q: What are the Potential Issues of Experimental Use?
Potential Issues
a. Court doesn’t explicitly mention it, must the inventor must be testing something that she claims.
b. If inventor works on invention and files patent, must mention the things she is going to claim.
If she is done with all of the things she is claiming and is testing something else, 1 year clock
starts for bar.
c. Could invention have been tested more quietly? Federal circuit ignores fact that experimentation can be secretly done – laboratory testing.
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