How do examiners evaluate prophetic examples in patent applications?
Patent examiners evaluate prophetic examples in the context of the entire disclosure to determine if they contribute to meeting the enablement requirement. According to MPEP 2164.02: “The mere fact that something has not actually been done does not mean that it cannot be enabled; there is no requirement that an inventor actually carry out the…
Read MoreCan both working and prophetic examples be used in the same patent application?
Yes, a patent application can include both working examples and prophetic examples. However, it’s crucial to clearly distinguish between the two types. The MPEP 2164.02 states: “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…
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