What constitutes conception of an invention?

Conception is a critical element in determining inventorship. The MPEP provides guidance on what constitutes conception: “The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor. … Insofar as defining an inventor is concerned, reduction to practice, per se,…

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What is the “rule of reason” in determining conception in patent law?

What is the “rule of reason” in determining conception in patent law? The “rule of reason” is a principle applied by courts when evaluating evidence of conception in patent cases. According to MPEP 2138.04, “An inventor’s testimony, standing alone, is insufficient to prove conception unless it is corroborated, a rule that the courts have recognized…

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What is required for conception to be legally complete?

For conception to be legally complete, several elements must be present according to MPEP 2138.04: Definite and permanent idea: The inventor must have formed a definite and permanent idea of the complete and operable invention. Every feature of the invention: The conception must include every feature or limitation of the invention as claimed. Enablement: The…

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What is interference practice and how does it relate to pre-AIA 35 U.S.C. 102(g)?

Interference practice is a legal proceeding used to determine priority of invention between two or more parties claiming the same patentable invention. Pre-AIA 35 U.S.C. 102(g) forms the basis for interference practice. The MPEP states: This section of pre-AIA 35 U.S.C. 102 forms a basis for interference practice. See MPEP Chapter 2300 for more information…

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