What is the difference between working examples and prophetic examples in patent applications?
Working examples and prophetic examples serve different purposes in patent applications:
- Working examples are based on actual experiments or results that have been carried out.
- Prophetic examples describe anticipated results of experiments or procedures that haven’t been performed yet.
According to MPEP 2164.02: “An example may be “working” or “prophetic.” A working example is based on work actually performed. A prophetic example describes an embodiment of the invention based on predicted results rather than work actually conducted or results actually achieved.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.02 - Working And Prophetic Examples,
Patent Law,
Patent Procedure