Does an inventor need to know their invention will work for conception to be complete?

No, an inventor does not need to know that their invention will work for conception to be legally complete. According to MPEP 2138.04, the inventor’s belief in the success of the invention is not a requirement for conception. The MPEP cites the following case:

“Burroughs Wellcome Co. v. Barr Labs., Inc., 40 F.3d 1223, 1228, 32 USPQ2d 1915, 1919 (Fed. Cir. 1994) (Draft patent application disclosing treatment of AIDS with AZT reciting dosages, forms, and routes of administration was sufficient to collaborate conception whether or not the inventors believed the inventions would work based on initial screening tests.)”

This means that as long as the inventor has a complete mental picture of the invention, including all its essential features, conception can be established even if the inventor is uncertain about its operability or success. However, it’s important to note that the invention must still be enabled, meaning that a person skilled in the art should be able to make and use the invention based on the inventor’s conception without undue experimentation.

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Topics: MPEP 2100 - Patentability, MPEP 2138.04 - "Conception", Patent Law, Patent Procedure
Tags: Conception, Invention Operability, inventorship, patent law