What is the significance of contemporaneous recognition and appreciation in conception?
Contemporaneous recognition and appreciation of the invention is a crucial element in establishing conception in patent law. According to MPEP 2138.04:
“There must be a contemporaneous recognition and appreciation of the invention for there to be conception.”
This means that the inventor must recognize and understand the significance of their invention at the time it is conceived. The MPEP cites several cases to illustrate this point:
“Silvestri v. Grant, 496 F.2d 593, 596, 181 USPQ 706, 708 (CCPA 1974) (‘an accidental and unappreciated duplication of an invention does not defeat the patent right of one who, though later in time was the first to recognize that which constitutes the inventive subject matter’)”
This requirement ensures that inventors who truly understand and appreciate their inventions are given priority over those who may have accidentally created something without recognizing its significance. However, it’s important to note that:
“The inventor does not need to appreciate the patentability of the invention. Dow Chem. Co. v. Astro-Valcour, Inc., 267 F.3d 1334, 1341, 60 USPQ2d 1519, 1523 (Fed. Cir. 2001).”
This means that while the inventor must recognize the invention itself, they don’t need to understand its potential patentability at the time of conception.
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