How can an applicant show possession of the claimed invention?
According to MPEP 2163.02, an applicant can show possession of the claimed invention in several ways:
- Describing the claimed invention with all of its limitations using words, structures, figures, diagrams, and formulas
- Description of an actual reduction to practice
- Showing that the invention was “ready for patenting” through disclosure of drawings or structural chemical formulas
- Describing distinguishing identifying characteristics sufficient to show possession
The MPEP cites the Lockwood v. Am. Airlines, Inc. case, stating: “An applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention.“
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.02 - Standard For Determining Compliance With The Written Description Requirement,
Patent Law,
Patent Procedure