What is the significance of conception and reduction to practice in interference proceedings?
Conception and reduction to practice are crucial elements in determining priority of invention in interference proceedings. The MPEP provides several examples illustrating their importance:
- Conception (C) refers to the formation of a definite and permanent idea of the complete and operative invention in the inventor’s mind.
- Reduction to practice can be either actual (Ra) or constructive (Rc). Actual reduction to practice involves building and testing the invention, while constructive reduction to practice typically refers to filing a patent application.
The MPEP states:
“A is awarded priority in an interference, or antedates B as a reference in the context of a declaration or affidavit filed under 37 CFR 1.131, because A conceived the invention before B and constructively reduced the invention to practice before B reduced the invention to practice.”
This example demonstrates how earlier conception combined with earlier reduction to practice can secure priority of invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2138.01 - Interference Practice,
Patent Law,
Patent Procedure