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 means that for an invention to be legally “made,” the inventor must have:
- Conceived the idea of the invention (conception)
- Actually created or implemented the invention in a practical form (reduction to practice)
It’s important to note that merely publishing an article about an invention is not considered a constructive reduction to practice. The MPEP states: “the publication of an article, alone, is not deemed a constructive reduction to practice, and therefore its disclosure does not prove that any invention within the meaning of pre-AIA 35 U.S.C. 102(g) has ever been made.”
To learn more: