How is constructive reduction to practice defined in patent interferences?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Constructive reduction to practice is a key concept in patent interference proceedings. The MPEP 2301.02 provides the following definition: “Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102(g)(1), in a patent application of the subject matter of a count.” Furthermore, the MPEP introduces the concept of earliest constructive reduction to practice: “Earliest constructive reduction to practice means the first constructive reduction to practice that has been continuously disclosed through a chain of patent applications including in the involved application or patent. For the chain to be continuous, each subsequent application must comply with the requirements of 35 U.S.C. 119-121, 365, or 386.” In simpler terms, constructive reduction to practice occurs when a patent application fully describes and enables an invention, and the earliest such description that has been continuously maintained in a chain of applications is particularly important in determining priority. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Earliest Constructive Reduction to Practice in Patent Application MPEP 2301.02 Chain of Patent Applications Must Comply with Specific Requirements MPEP 2301.02 Required Board Recognition of Constructive Reduction to Practice MPEP 2301.02 Statute Applicable to Involved Application or Patent MPEP 2301.02 First Continuous Disclosure of Invention Through Patent Chain MPEP 2301.02 References to 35 U.S.C. 102 and 135 MPEP 2301.02 Description of Interfering Subject Matter for Priority MPEP 2301.02 Patent Interference Pendency Not More Than Two Years MPEP 2301.02 Required Involved Claim Corresponds to Count MPEP 230...