WHAT QUALIFIES AS EXPERIMENTAL USE?
If you are considering patent protection, need to involve third parties in your experimentation, and may be unable to file your application within one year, it is important to have a written agreement noting the intent of the parties. Often such agreements take the form of a nondisclosure, confidentiality, or beta test agreement.
Any such agreement—and the parties' performance under that agreement—should address the 13 factors courts consider in evaluating experimental use.
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