How should experimental data and examples be presented in a patent application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. When presenting experimental data and examples in a patent application: Ensure accuracy of all statements and evidence Clearly distinguish between actual results and predicted results Use proper tense: past tense for actual experiments, present or future tense for prophetic examples Label examples as prophetic or working examples to avoid ambiguities MPEP 2004 advises: “Care should be taken to see that inaccurate statements, inaccurate evidence or inaccurate experiments are not introduced into the record, either inadvertently or intentionally.” It further states: “Paper or prophetic examples should not be described using the past tense.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Proper Tense for Experimental Results in Patent Application MPEP 2004 Permitted Best Mode Must Be Described MPEP 2004 Helpful Suggestions to Avoid Duty of Disclosure Issues MPEP 2004 Prohibited Prophetic Examples Must Be Separated MPEP 2004 Prohibited Accuracy of Experimental Results Must Be Ensured MPEP 2004 Recommended Prophetic Examples Must Use Present Tense MPEP 2004 Recommended Properly Presenting Prophetic and Working Examples in Patent Application MPEP 2004 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse What are some best practices for complying with the duty of disclosure? What are the potential consequences of misrepresenting information in a patent application? What should be considered when dealing with foreign applicants or applications? How should prior ar...