What is the difference between working examples and prophetic examples in patent applications?

Working examples and prophetic examples serve different purposes in patent applications:

  • Working examples are based on actual experiments or results that have been carried out.
  • Prophetic examples describe anticipated results of experiments or procedures that haven’t been performed yet.

According to MPEP 2164.02: “An example may be “working” or “prophetic.” A working example is based on work actually performed. A prophetic example describes an embodiment of the invention based on predicted results rather than work actually conducted or results actually achieved.”

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Topics: MPEP 2100 - Patentability, MPEP 2164.02 - Working And Prophetic Examples, Patent Law, Patent Procedure
Tags: MPEP 2164.02, Prophetic Examples, Working Examples