What is the importance of recognition and appreciation in reduction to practice?
Recognition and appreciation of the invention are crucial elements in establishing reduction to practice. The inventor must understand that the invention works for its intended purpose at the time of reduction to practice. This requirement ensures that accidental or unrecognized inventions are not considered reduced to practice.
As stated in MPEP 2138.05: “The invention must be recognized and appreciated for a reduction to practice to occur. ‘The rule that conception and reduction to practice cannot be established nunc pro tunc simply requires that in order for an experiment to constitute an actual reduction to practice, there must have been contemporaneous appreciation of the invention at issue by the inventor.'”
It’s important to note that subsequent testing or later recognition cannot be used to show that an inventor had contemporaneous appreciation of the invention. The recognition must occur at the time of the alleged reduction to practice.
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