Tuesday, August 09, 2005

General Motors v. General Electric

The C.A.F.C. considered whether the sale of G.M.'s planetary bearings constituted experimental use. Under section 102(b), sale of a product more than one year before filing a patent application bars patentability, unless the inventor intended that the sale was for experimental use. The C.A.F.C. considered thirteen factors of experimental use and found that G.M. did not sufficiently exercise control over the use of the product and did raise G.E.'s awareness of the confidentiality or experimental nature of the use of the planetary bearings.

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