37 CFR § 41.201 — Definitions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.201 Definitions.
This page consolidates MPEP guidance interpreting 37 CFR § 41.201, including 21 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
Constructive reduction to practice is defined as a described and enabled anticipation under 35 U.S.C. 102(g)(1) in a patent application of the subject matter of a count.
What this section covers
- Define constructive reduction to practice as a concept within patent applications.
Key obligations
- Clarify that a constructive reduction to practice is described and enabled in the patent application.
Practice notes
- Advise practitioners to clearly describe and enable the anticipated subject matter in their patent application.
- Warn against vague or ambiguous descriptions that may not meet the requirements for constructive reduction to practice.
Official MPEP § 41.201 — Definitions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.201 Definitions.
In addition to the definitions in §§ 41.2 and 41.100 , the following definitions apply to proceedings under this subpart:
- Accord benefit means Board recognition that a patent application provides a proper constructive reduction to practice under 35 U.S.C. 102(g)(1) .
- Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102(g)(1) , in a patent application of the subject matter of a count. Earliest constructive reduction to practice means the first constructive reduction to practice that has been continuously disclosed through a chain of patent applications including in the involved application or patent. For the chain to be continuous, each subsequent application must comply with the requirements of 35 U.S.C. 119–121 , 365 , or 386 .
- Count means the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority. Where there is more than one count, each count must describe a patentably distinct invention.
- Involved claim means, for the purposes of 35 U.S.C. 135(a) , a claim that has been designated as corresponding to the count.
- Senior party means the party entitled to the presumption under § 41.207(a)(1) that it is the prior inventor. Any other party is a junior party.
-
Threshold issue means an issue that, if resolved in
favor of the movant, would deprive the opponent of standing in the
interference. Threshold issues may include:
- (1) No interference-in-fact, and
- (2) In the case of an involved application claim
first made after the publication of the movant’s application or
issuance of the movant’s patent:
- (i) Repose under 35 U.S.C. 135(b) in view of the movant’s patent or published application, or
- (ii) Unpatentability for lack of written description under 35 U.S.C. 112 of an involved application claim where the applicant suggested, or could have suggested, an interference under § 41.202(a) .
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (2)(ii) of the definition of “Threshold issue” revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; definition of “Constructive reduction to practice” and para. (2)(ii) of the definition of “Threshold issue” revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
| MPEP Section | Rules |
|---|---|
| MPEP § 2301.02 | |
| MPEP § 2303 | |
| MPEP § 2304.02(d) |