Re: Re: Re: Re: Re: Is a prototype always needed for patenting?

Subject: Re: Re: Re: Re: Re: Re: Is a prototype always needed for patenting?

Comments:
: : Please forgive the editing (wd) : : J Zhao wrote... : : : : : : The question is: : : : : : : Does one always have to make a prototype to be able : : : : : : to patent an idea? : : <snipped> : : 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. : Okay, this is wrong. One does not need a working example, only an disclosure that will work. : : 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) : Like I stated above, a working example is clearly not necessary. However, I am curious as to how one is going to be able to know with any assurity that you have indeed written an enabling disclosure if you haven't reduced the invention to actual practice. : : : Wes Derrick, PhD : : : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive

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