What is required for conception to be legally complete?
For conception to be legally complete, several elements must be present according to MPEP 2138.04:
- Definite and permanent idea: The inventor must have formed a definite and permanent idea of the complete and operable invention.
- Every feature of the invention: The conception must include every feature or limitation of the invention as claimed.
- Enablement: The invention must be sufficiently clear to enable one skilled in the art to reduce it to practice without extensive experimentation or inventive skill.
- Contemporaneous recognition and appreciation: The inventor must recognize and appreciate the invention at the time of conception.
The MPEP cites several court cases to support these requirements, including:
“Coleman v. Dines, 754 F.2d 353, 224 USPQ 857 (Fed. Cir. 1985) (It is settled that in establishing conception a party must show possession of every feature recited in the count, and that every limitation of the count must have been known to the inventor at the time of the alleged conception. Conception must be proved by corroborating evidence.)”
It’s important to note that while the inventor must have a complete mental picture of the invention, they do not need to know that it will work or appreciate its patentability for conception to be complete.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2138.04 - "Conception",
Patent Law,
Patent Procedure