Patent and Trademark Office July 1, 2021 – Federal Register Recent Federal Regulation Documents

Properly Presenting Prophetic and Working Examples in a Patent Application
Document Number: 2021-14034
Type: Notice
Date: 2021-07-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is reminding applicants that patent applications must properly present examples in a manner that clearly distinguishes between prophetic examples that describe predicted experimental results and working examples that report actual experimental results. The distinction must be clear to satisfy the written description and enablement requirements and comply with the applicant's duty of disclosure.