What role do laboratory records play in proving conception for a patent?
What role do laboratory records play in proving conception for a patent?
Laboratory records play a crucial role in proving conception for a patent. According to MPEP 2138.04:
“Conception is established when the invention is made sufficiently clear to enable one skilled in the art to reduce it to practice without the exercise of extensive experimentation or the exercise of inventive skill.“
In this context, laboratory records are important because:
- They provide contemporaneous documentation of the inventor’s thoughts and progress.
- Well-kept records can serve as evidence to corroborate an inventor’s testimony about conception.
- They can help establish the exact date of conception, which is crucial for determining patent priority.
- Detailed records can demonstrate that the inventor had a complete mental picture of the invention.
The MPEP further emphasizes the importance of corroborating evidence, stating: “An inventor’s testimony, standing alone, is insufficient to prove conception unless it is corroborated.” Laboratory records, when properly maintained and witnessed, can serve as this crucial corroborating evidence.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2138.04 - "Conception",
Patent Law,
Patent Procedure