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ARTICLE · 05 MARCH 2025

Use of prophetic examples in patent specifications

Why & when to include prophetic examples in a patent application. Restrictions & complications discussed.

AustraliaIntellectual Property

Prophetic examples, sometimes referred to as "paper", "speculative", "fictitious" or "hypothetical" examples, are examples that are sometimes included into a patent specification that describe experiments that have not yet been performed. There are a number of reasons patent applicants may consider using them.

In contrast to a working example, which describes work actually performed or experimental results actually achieved, prophetic examples may also describe predicted or simulated results (i.e., in silico or other modelled data).

In academic circles, and in most contexts, making up data is considered fraudulent or misleading and is generally frowned upon. However, this is not the case with patent applications, where it is perfectly acceptable to supply predictive rather than measured data (provided it is clearly identified as such), and there may be a variety of valid reasons to include such examples. There are, however, some important caveats.

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