Can both working and prophetic examples be used in the same patent application?

Yes, a patent application can include both working examples and prophetic examples. However, it’s crucial to clearly distinguish between the two types. The MPEP 2164.02 states:

“An example may be “working” or “prophetic.” A working example is based on work actually performed. A prophetic example describes an embodiment of the invention based on predicted results rather than work actually conducted or results actually achieved.”

When using both types of examples:

• Clearly label or indicate which examples are working and which are prophetic.
• Use appropriate tenses: past tense for working examples, present or future tense for prophetic examples.
• Ensure that the combination of examples adequately supports the enablement requirement for the claimed invention.

By properly distinguishing between working and prophetic examples, inventors can provide a comprehensive description of their invention while maintaining transparency about the status of their research and development.

To learn more:

• working examples
• prophetic examples
• patent application
• example combination