Is a specific working example required in a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

No, a specific working example is not required in a patent application. The MPEP 608.01(h) clearly states: There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification.

Furthermore, the MPEP explains that the presence or absence of a specific working example is not determinative of whether the best mode has been disclosed: The absence of a specific working example is not necessarily evidence that the best mode has not been disclosed, nor is the presence of one evidence that it has. This guidance is based on the case In re Honn, 364 F.2d 454, 150 USPQ 652 (CCPA 1966).

Topics: Patent Law Patent Procedure
Tags: Best Mode, Disclosure, Working Example