How is an invention “made” according to patent law?
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.
In patent law, an invention is considered “made” when two key elements are present: conception and reduction to practice. The MPEP 2138.02 cites a specific case to define this:
“An invention is made when there is a conception and a reduction to practice. Dunn v. Ragin, 50 USPQ 472, 474 (Bd. Pat. Inter. 1941).”
This means that for an invention to be legally “made,” the inventor must have:
- Conceived the idea of the invention (conception)
- Actually created or implemented the invention in a practical form (reduction to practice)
It’s important to note that merely publishing an article about an invention is not considered a constructive reduction to practice. The MPEP states: “the publication of an article, alone, is not deemed a constructive reduction to practice, and therefore its disclosure does not prove that any invention within the meaning of pre-AIA 35 U.S.C. 102(g) has ever been made.”