What is the difference between actual reduction to practice and constructive reduction to practice?

Actual reduction to practice and constructive reduction to practice are two distinct concepts in patent law:

• Actual reduction to practice occurs when an inventor physically creates the invention and demonstrates that it works for its intended purpose. This involves building and testing a working prototype.
• Constructive reduction to practice is achieved when an inventor files a patent application that adequately describes the invention in sufficient detail to enable a person skilled in the art to make and use the invention.

The MPEP 2138.05 states: “In Hyatt v. Boone, 146 F.3d 1348, 1352, 47 USPQ2d 1128, 1130 (Fed. Cir. 1998), the court held that ‘the filing of a patent application serves as conception and constructive reduction to practice of the subject matter described in the application.'”

To learn more:

• reduction to practice
• actual reduction
• constructive reduction
• patent application
• invention