longacrepatentbarreviewSimulated or predicted test results
Posted by longacrepatentbarreview on September 27, 2011
Your new client has come to your luxurious office overlooking The White House to discuss filing a new application on a method of removing solids from waster water. You ask if the inventorr has done any tests. The answer is no. What is your next question?
That next question is whether your client can provide you with predicted or prophetic test results to include in the application.
The more examples are included in a patent applications, the broader the scope that will likely be given the claims, particularly if you choose to avail yourself of the means functions format authorized by the sixth paragraph of 35 USC 112.
Can you include such examples? You bet your sweet bippy your can, as authorized by MPEP 608.01(q). The only caveat is to make sure that any such examples included are NOT represented as actual results. That means at the least avoiding use of the past tense.
