What are working and prophetic examples in patent applications?

Working and prophetic examples are two types of examples that can be included in patent applications:

• Working examples are based on work actually performed.
• Prophetic examples describe embodiments of the invention based on predicted results rather than work actually conducted or results achieved.

As stated in 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.”

Both types of examples can be used to support the enablement requirement, but they should be clearly distinguished in the application.

To learn more:

• working examples
• prophetic examples
• patent application
• enablement
• MPEP 2164.02