How can an inventor show possession of the claimed invention?
An inventor can show possession of the claimed invention in several ways, as outlined in the MPEP:
- Describing an actual reduction to practice of the claimed invention
- Showing that the invention was “ready for patenting” through drawings or structural chemical formulas
- Describing distinguishing identifying characteristics sufficient to show possession
The MPEP states:
“Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention.”
The level of detail required depends on the nature of the invention and the state of the art.
To learn more:
Topics:
"Written Description" Requirement,
First Paragraph,
MPEP 2100 - Patentability,
MPEP 2163 - Guidelines For The Examination Of Patent Applications Under The 35 U.S.C. 112(A) Or Pre - Aia 35 U.S.C. 112,
Patent Law,
Patent Procedure