How should prophetic examples be written in patent applications?

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.

Prophetic examples in patent applications should be written in the present tense to distinguish them from working examples. The MPEP 2164.02 states:

“Paper examples should be described in the past tense. Prophetic examples (paper examples describing prophetic embodiments or simulations) should be written in the present tense.”

This distinction in tense helps readers and examiners differentiate between actual results and predicted outcomes. It’s crucial to maintain clarity and avoid potential misrepresentation of the invention’s status.