How is an invention “made” according to patent law?
In patent law, an invention is considered “made” when two key elements are present: conception and reduction to practice. The MPEP 2138.02 cites a specific case to define this: “An invention is made when there is a conception and a reduction to practice. Dunn v. Ragin, 50 USPQ 472, 474 (Bd. Pat. Inter. 1941).” This…
Read MoreWhat 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…
Read MoreWhat is the importance of recognition and appreciation in reduction to practice?
Recognition and appreciation of the invention are crucial elements in establishing reduction to practice. The inventor must understand that the invention works for its intended purpose at the time of reduction to practice. This requirement ensures that accidental or unrecognized inventions are not considered reduced to practice. As stated in MPEP 2138.05: “The invention must…
Read MoreIs diligence or reduction to practice required when showing that a reference describes an inventor’s own work?
When showing that a reference describes an inventor’s own work to overcome a pre-AIA 35 U.S.C. 102(e) rejection, the applicant does not need to show diligence or reduction to practice. The MPEP clearly states: “When the reference reflects an inventor’s or at least one joint inventor’s own work, evidence of diligence or reduction to practice…
Read MoreHow is priority of invention determined in interference proceedings?
Priority of invention in interference proceedings is determined based on several factors, including conception, reduction to practice, and diligence. The MPEP provides priority time charts to illustrate various scenarios. Generally: The first to conceive and reduce the invention to practice is awarded priority. If one party conceives first but reduces to practice second, they can…
Read MoreHow does corroboration affect reduction to practice in patent law?
Corroboration plays a crucial role in establishing reduction to practice in patent law. The MPEP 2138.05 states: “In order to establish an actual reduction to practice, the inventor must prove that: (1) they constructed an embodiment or performed a process that met all the limitations of the interference count; and (2) they determined that the…
Read MoreHow is conception different from reduction to practice?
Conception and reduction to practice are two distinct steps in the inventive process. According to MPEP 2138.04, conception is the mental part of the inventive act, while reduction to practice involves actually creating or performing the invention. The MPEP states: “Conception has been defined as ‘the complete performance of the mental part of the inventive…
Read MoreHow does conception differ in unpredictable technologies?
In unpredictable technologies, such as some areas of chemistry and biology, the process of conception can differ from more predictable fields. According to MPEP 2138.04, in these areas, conception and reduction to practice may occur simultaneously: “On rare occasions conception and reduction to practice occur simultaneously in unpredictable technologies. Alpert v. Slatin, 305 F.2d 891,…
Read MoreIs the date of conception or reduction to practice relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date?
No, the date of conception or reduction to practice is not relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states: “When the cases are not in interference, the effective date of the reference as prior art is its filing date in the United States (which will include certain international filing…
Read MoreWhat is the significance of conception and reduction to practice in interference proceedings?
Conception and reduction to practice are crucial elements in determining priority of invention in interference proceedings. The MPEP provides several examples illustrating their importance: Conception (C) refers to the formation of a definite and permanent idea of the complete and operative invention in the inventor’s mind. Reduction to practice can be either actual (Ra) or…
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