How can an applicant show possession of the claimed invention?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance 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.

According to MPEP 2163.02, an applicant can show possession of the claimed invention in several ways:

  • Describing the claimed invention with all of its limitations using words, structures, figures, diagrams, and formulas
  • Description of an actual reduction to practice
  • Showing that the invention was “ready for patenting” through disclosure of drawings or structural chemical formulas
  • Describing distinguishing identifying characteristics sufficient to show possession

The MPEP cites the Lockwood v. Am. Airlines, Inc. case, stating: “An applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention.

Topics: MPEP 2100 - Patentability MPEP 2163.02 - Standard For Determining Compliance With The Written Description Requirement Patent Law Patent Procedure
Tags: Aia Practice, claim form, Composition Claims, method claims, Sequence Format