How is constructive reduction to practice defined in patent interferences?
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.
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