What is the significance of ‘reduction to practice’ in patent law?
What is the significance of ‘reduction to practice’ in patent law?
‘Reduction to practice’ is a crucial concept in patent law, particularly when establishing priority of invention. According to MPEP 715.07, it is one of the key types of evidence used to prove prior invention. The MPEP states:
‘Acceptable types of evidence of prior invention … include facts concerning reduction to practice…’
Reduction to practice refers to the actual implementation or physical creation of the invention. It can be either:
- Actual reduction to practice: Building and testing a working prototype of the invention.
- Constructive reduction to practice: Filing a patent application with a detailed description that enables a person skilled in the art to make and use the invention.
The significance of reduction to practice lies in its ability to:
- Establish the date of invention for priority purposes
- Demonstrate that the invention works for its intended purpose
- Provide concrete evidence of the invention’s existence and functionality
In patent disputes or when filing a 37 CFR 1.131 affidavit, being able to prove the date of reduction to practice can be crucial in establishing priority over prior art or other inventors.
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