Tips For Experimental-Use Agreements To Avoid On-Sale Bar

By LiJen Shen, Cory Smith and George Chen (September 14, 2022, 4:34 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit recently revisited the application of the experimental-use exception to the on-sale bar to patentability, finding that the primary purpose of a pre-critical date sale was commercial, not experimental, despite the equipment testing conducted as part of the sale. In Sunoco Partners Marketing & Terminals LP v. U.S. Venture Inc.,[1] the court found that the experimental-use exception did not apply for two reasons....

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