When you create a new process or invention, you often need to patent it right away. What if you need more time to optimize your invention though? The experimental use exception might be the solution for you. This is not always granted to inventors, but if you can show that your activities align with this exemption you can continue to work on your new creation in a public setting without worrying about your patent rights. A California medical device patent lawyer from our firm can tell you more.
What is the Experimental Use Exception?
Normally, if you use an invention or method in public you have just one year to patent it before others can decide to patent it themselves. This presents a problem for inventions and methods that may need more testing. Sometimes one year isn’t enough. This can be an issue for an inventor, but it could also be a safety issue for consumers.
This is why the experimental use exception exists. It allows people or companies to experiment with their new invention before they have to patent it and market it to the public. A good example of this is a medical company testing out a new device or a pharmaceutical company starting trials with a new drug that was developed. This allows the companies to improve on what they have created and make their inventions safer for the public.
What Are the Benefits of the Experimental Use Exception?
The experimental use exception allows an inventor to collect data and improve their invention without worrying about the one-year limit that would normally cause them to lose patent protection. As long as you can show that you are using your invention for experimental purposes, you can continue to refine it.
Does This Exception Have Limitations?
There are some limitations to be aware of though. The most important one is that none of the activities the inventor takes part in can be for commercial gain. They can test their product, but they could not sell it to the public in the guise of an experiment. If they are profiting, they are not abiding by the rules. It’s important to keep records that make it clear that you are engaged in experimental activities.
How Can a Patent Lawyer Help Me Make Use of This Exception?
Consulting a lawyer can help you protect your idea and make sure that you are abiding by all of the rules of the experimental use exception. You want to gain insight from your work that can be used to benefit you and your company later. You do not want to end up running into legal trouble because you did not have enough information about the rules or how the exception works.
Talk to an Experienced Patent Lawyer
If you want to learn more about the experimental use exception and how an attorney can help you make the most out of it, contact Burns Patent Law. We can schedule a consultation and take the time to learn more about what your plans are and what you are working on.
