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Re: Re: Re: Re: Is a prototype always needed for patenting?[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by wes on March 31, 2000 at 23:35:55: In Reply to: Re: Re: Re: Is a prototype always needed for patenting? posted by M. Arthur Auslander on March 31, 2000 at 14:28:30: Please forgive the editing (wd) J Zhao wrote... : : : : The question is: Wes Derrick wrote.. : : Technically, no. Practically, yes. Why is this? If you cannot make it or practice the invention (or show that you can), you are going to have a tough time demonstrating that you have actually achieved reduction to practice. M. Arthur Auslander wrote... : The filed application is constructive reduction to practice. All right. But if you do not reduce your invention to practice, either by prototyping or other testing (defined rather broadly perhaps), how can fulfill: (1) the written description requirement that would convince another that you were in possession of the invention and (2) write a specification that will enable an person of ordinary skill in the art to make and use the claimed invention? (And thereby avoid a rejection on the basis of USC 35 112 paragraph 1) Wes Derrick, PhD
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