Comments on: Q) Lip Gloss/Ship Bell (MPEP 2100, Experimental Use)

By: Alfredo

Alfredo — Tue, 24 Jan 2012 17:45:24 +0000

Got the lip gloss kissing question 1/23/12

By: Mambo5

Mambo5 — Sat, 14 Jan 2012 19:52:31 +0000

This issue is also tested in APR 00 AM Q 50.

Examiner issues a rejection based on a 102 (b) statutory bar, based on the inventor’s activities in testing his wireless telephone invention more than one year before filing his patent app. The inventor had done 2 different types of testing. The first was testing the invention itself. The second was testing the market by offering to sell the invention in Texas.

Question asks what practitioner can file to overcome the rejection.

Ans: Nothing. The statutory bar is valid. Testing the invention itself was fine. However, the inventor’s subsequent market testing was not intended to test the invention, but rather to gauge consumer demand for the invention. Therefore, the market testing does not meet the experimental use exception, and the statutory bar prohibits patentability. Ref: MPEP 2133.03 (e), cases cited @ very end.

By: Jamecam

Jamecam — Mon, 31 Oct 2011 02:37:05 +0000

I got the experimental lip gloss question on 10/29/2011.

The facts made it clear that the experimentation had concluded by a certain date. More than a year passed once experimentation had finished, during which time the inventor continued to use the lip gloss personally.

I chose the answer stating that the inventor was barred by 102(b).

By: Kerstin

Kerstin — Sun, 23 Oct 2011 20:01:10 +0000

If it helps anyone, this question reminds me of the question in the old exams about the guy who invents a cool stereo in his car and drives his friends around for a long time. He is then barred from getting a patent because the using of the radio while driving around in his car was public use, even though noone knew that it was there-they didn’t know why his radio sounded so awesome, they didn’t know about his invention. What the heck kind of lip gloss makes you want to kiss random people at parties??

By: fengyuwuzu

fengyuwuzu — Fri, 14 Oct 2011 01:14:10 +0000

saw this one (Gag at parties) today. The fact pattern is very clear in the real exam and very easy

By: Jeremy

Jeremy — Mon, 10 Oct 2011 14:34:39 +0000

Confirmed. 102(b) bar is counted from date that experimental use ENDS.

By: Remanded

Remanded — Mon, 19 Sep 2011 00:52:39 +0000

Saw a variant of this one today, 18 September. 2011.

By: TJL

TJL — Fri, 19 Aug 2011 03:35:14 +0000

Saw this 8/18. 102(b) rejection.

By: giaps2

giaps2 — Wed, 27 Jul 2011 00:08:13 +0000

Saw this question or a variant on 07/25/11.

By: sgw

sgw — Tue, 12 Jul 2011 19:54:26 +0000

My Question said, she got “correct result” one year ago and stopped the test. And she kept on using the invention as a joke.