What is a constructive reduction-to-practice in patent law?

A constructive reduction-to-practice in patent law refers to a description in a patent application that would have anticipated the subject matter of a count in an interference proceeding. According to MPEP 2304.02(c), “A description in an application that would have anticipated the subject matter of a count is called a constructive reduction-to-practice of the count. One disclosed embodiment is enough to have anticipated the subject matter of the count.”

It’s important to note that if an application is relying on a chain of benefit disclosures, the anticipating disclosure must be continuously disclosed through the entire benefit chain, or no benefit may be accorded.

To learn more:

• constructive reduction-to-practice
• patent application
• interference
• anticipation