Testing truths – Experimental use preempts public use, on-sale bars to patentability

Description

Abstract: Common sense might seem to dictate that a new invention would require testing before an inventor moves ahead with it. But could such testing trigger the public use or on-sale bar to patentability? Not necessarily. This article reviews a U.S. Court of Appeals for the Federal Circuit case in which the court explained that the experimental use exception may negate both bars. Barry v. Medtronic, Inc., No. 17-2463, Jan. 24, 2019, Fed. Cir.