Lip Gloss Question

The question likely goes something like this (note, this explains the concept but is merely

a presumption on my part):

Woman invents new lip gloss that has some novel use or is an improvement over prior art (lets say it keeps lips

from getting dry for 50% longer). She begins to wear it on Date A for experamental purposes. On Date B

she becomes convinced that it works for the intended purpose and no longer needs to undergo testing.

That night she wears the lip gloss on a date with Joe Schmo.

When is the latest date she can file a patent application?

Answer: 1 year from date B to avoid 102(b). Date A doesn't trigger public use because of experimental purpose.

These questions have to do with experimental use and 102(b) rejections.

Experimental use doesn’t start the one year clock for 102(b), but using the invention in a non-experimental way

(even in a stupid way) starts the one year clock for 102(b). It doesn’t matter if no one knew about the invention

(e.g., corset) or could tell that the use was “public”.

Lip Gloss (Test takers report fact pattern variants for the lip gloss question.)

Kissing at Parties –

The inventor publicly used a lip gloss she invented by kissing people at parties for over a year.

There was a red herring about the inventor not telling people how the lip balm worked.

(There may have also been some other fact about the nature of the parties to indicate how public they were.)

Answer – 102(b) bar; public use doesn’t require that the claimed invention be enabled as opposed to

a publication. There was nothing to indicate that the kissing was for experimental reasons (at least

not for perfecting the invention).

Gag Gift – The inventor used her product for experimentation then as a gag item before filing.

Experimental use of lip gloss is not a 102(b) statutory bar; however, giving it away to your friends

as a gag gift is a 102(b) bar. It was experimental use until she ended her experiment and kept using the product

Ship Bell

Ship Bell (latest variant on lip gloss/floor tile) has to do with public use/experimentation.

A boat owner invented a new sea bell for his boat & gave copies to all his friends (w/out instructions).