What are the requirements for establishing an actual reduction to practice?
To establish an actual reduction to practice, an inventor must meet a two-prong test as described in MPEP 2138.05: The inventor must have constructed an embodiment or performed a process that meets every element of the patent claim. The embodiment or process must have operated for its intended purpose. As stated in the MPEP: “In…
Read MoreCan the actions of a non-inventor contribute to reduction to practice?
Yes, under certain circumstances, the actions of a non-inventor can contribute to reduction to practice through a concept known as “inurement.” Inurement allows the acts of another person to accrue to the benefit of the inventor. According to MPEP 2138.05, for a non-inventor’s recognition of the utility of the invention to inure to the benefit…
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