Legal Definitions - abandoned experiment

An abandoned experiment refers to an inventor's attempt to develop a new invention that ultimately fails to achieve its intended purpose or is deemed impractical, and is subsequently set aside without being made public. In patent law, such an experiment typically does not count as "prior art" – existing knowledge or technology that could prevent a new invention from being patented. This means that if another inventor later successfully develops and patents a similar idea, the earlier, private, abandoned experiment generally won't invalidate the new patent.

Here are some examples:

• Imagine a pharmaceutical researcher attempting to create a novel drug delivery system using a specific type of biodegradable polymer. After extensive laboratory trials, they discover that the polymer degrades too quickly in the human body, releasing the drug inconsistently and making the system ineffective and potentially unsafe. The researcher halts all work on this particular polymer system, never publishes the failed results, and moves on to explore entirely different materials. This constitutes an abandoned experiment. If another company later patents a successful drug delivery system using a different, more stable polymer, the first researcher's private, failed attempt would not be considered prior art to block the new patent.

• Consider a software developer who designs and codes a new algorithm intended to significantly improve the efficiency of data encryption for cloud storage. After months of development and rigorous testing, they discover a critical flaw in the algorithm's mathematical foundation that makes it vulnerable to certain types of cyberattacks, rendering it unreliable for its intended purpose. The developer decides to scrap the entire project, deletes the code, and never discloses their findings publicly. This is an abandoned experiment. If a different developer later successfully patents a secure and efficient encryption algorithm, the first developer's private, failed attempt would not invalidate the new patent.

• An engineer develops a prototype for a new type of wind turbine blade designed to generate electricity more efficiently in low wind conditions using a unique oscillating mechanism. During testing, the mechanism proves to be excessively complex, prone to mechanical failure, and prohibitively expensive to manufacture, making it commercially unviable. The engineer dismantles the prototype, discards the design plans, and does not disclose the project's details to the public. This scenario represents an abandoned experiment. If another company later patents a successful and commercially viable low-wind turbine blade using an entirely different design principle, the engineer's private, failed oscillating mechanism would not prevent that new patent from being granted.