What are the requirements for establishing an actual reduction to practice?

To establish an actual reduction to practice, an inventor must meet a two-prong test as described in MPEP 2138.05:

1. The inventor must have constructed an embodiment or performed a process that meets every element of the patent claim.
2. The embodiment or process must have operated for its intended purpose.

As stated in the MPEP: “In an interference proceeding, a party seeking to establish an actual reduction to practice must satisfy a two-prong test: (1) the party constructed an embodiment or performed a process that met every element of the interference count, and (2) the embodiment or process operated for its intended purpose.”

It’s important to note that the invention must be sufficiently tested to demonstrate that it will work for its intended purpose, but it does not need to be in a commercially satisfactory stage of development.

To learn more:

• actual reduction to practice
• patent claims
• embodiment
• intended purpose
• testing