Reduced To Practice Article Index for
Reduced 		Shopping
Reduction 		Website Links For
Reduction 		 

Information About

Reduced To Practice
  CATEGORIES ABOUT REDUCTION TO PRACTICE
   
united states patent law
   
APPAREL
BABY
BEAUTY
BOOKS
CAR TOYS
CELL PHONES
DVD'S
ELECTRONICS
GOURMET FOOD
GROCERIES
HEALTH & PERSONAL
HOME & GARDEN
JEWELRY
MUSIC
MUSIC INSTRUMENTS
OFFICE PRODUCTS
SOFTWARE
SPORTING GOODS
TOOLS & HARDWARE
TOYS
VIDEO GAMES
SHOPPING HOME
MORE SHOPPING...



Conception is the "formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice." ''Hybritech Inc. v. Monoclonal Antibodies, Inc.'', 802 F.2d 1367, 1376 ( Fed. Cir. 1986 ) (quoting 1 Robinson ''On Patents'' 532 (1890))

The embodiment of an invention can either be:

  • Actual reduction to practice: " {Link without Title} equires that the claimed invention work for its intended purpose." ''Brunswick Corp. v. U.S.'', 34 Fed. Cl. 532, 584 ( 1995 ).

  • Constructive reduction to practice: " {Link without Title} ccurs upon the filing of a patent application on the claimed invention." ''Brunswick Corp. v. U.S.'', 34 Fed. Cl. 532, 584 (1995).

  • Vicarious reduction to practice: A legal doctrine that presumes one party's actual reduction to practice of an invention as the opposing party's actual reduction to practice. If A proves this method works. The same method used by B must work. The doctrine is usually more important in a multiple party interference.

  • "Simultaneous conception and reduction to practice": "In some instances, such as the discovery of genes or chemicals, an inventor is unable to establish a conception until he has reduced the invention to practice through a successful experiment." ''The Regents of the University of California v. Synbiotics Co.'', 849 F.Supp. 740, 742 (S.D.Cal., 1994) (citing ''Amgen, Inc. v. Chugai Pharmaceutical Co., Ltd.'', 927 F.2d 1200, 1206 (Fed. Cir. 1991)). The court will apply this doctrine in so-called "unpredictable arts" such as Biology and Chemistry where the invention is a "biologically active composition of matter," also called a " Bio-chemical substance."



SOME TYPES OF EVIDENCE

In addition to Inventor's Notebook , several additional kinds of evidence can be used to establish an earlier priority date.


Working model

A "working model" is usually a strong evidence to demonstrate actual reduction to practice. Unlike Patent Model s of the 18th and 19th Century , a working model is no longer a requirement of the U.S. patent law. However, if the inventor builds a working model for testing and for displaying to potential buyers, it can also be used to prove an earlier than filing priority date.


Disclosure Document Program

The Disclosure Document Program (DPP) is a USPTO program that allows an inventor to file a preliminary description of his/her invention. The filing of this preliminary finding can be used to establish a date of conception before applying for a patent.