What is the difference between working examples and prophetic examples in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Working examples and prophetic examples serve different purposes in patent applications:

  • Working examples are based on actual experiments or results that have been carried out.
  • Prophetic examples describe anticipated results of experiments or procedures that haven’t been performed yet.

According to MPEP 2164.02: “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.”

Topics: MPEP 2100 - Patentability MPEP 2164.02 - Working And Prophetic Examples Patent Law Patent Procedure
Tags: Aia Practice, method claims, Patent Application Content, Scope Commensurate, Specification