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

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.”

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• experimental data
• patent application
• prophetic examples
• working examples
• best mode