Also known as: operable · operate · operates · operated · operating · operation · operations
Written by attorneys · grounded in primary & secondary sources — see below
An attribute of a patented invention consisting in its capacity to function as the specification describes it. A patent examiner may challenge operability and require proof such as a working model demonstration.
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Odessa Okada files a patent application for a new device. The examiner questions whether the invention can actually function as described. Odessa provides a working model that demonstrates successful operation, satisfying the examiner that operability exists and allowing the application to proceed.
Onyx O'Reilly files a patent application for a land-based device. The examiner challenges whether the invention can function as described on the property. Onyx supplies test results proving operability, satisfying the requirement before any interest transfer is considered.
Oriana Oberman offers to license a patented process. The offeree begins partial performance by building a prototype. The court finds that the prototype's successful operation constitutes acceptance by performance because it meets the operability standard described in the offer.
Oswald Orozco invents a machine whose operability depends on a continuous mechanical force. When a third party interferes with that force, the court examines whether the invention's described operation remains intact under the applicable patent standard.
Olivia Owens sues over a patented product. The court determines proper forum by examining where the invention's operability testing and development occurred, confirming the location satisfies patent venue rules.
Odilia Okamura buys equipment containing a patented component. The buyer takes free of a prior interest because the component's operability in ordinary business use satisfies the conditions for priority under patent-related commercial rules.
The applicant must demonstrate that the invention works as described in the specification, often by providing a working model or other proof that satisfies the examiner.
Supporting sources
No. Operability concerns only whether the invention functions as described, not whether it achieves market success or profitability.
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Yes. When operability is in doubt, the examiner may request a working model or other concrete evidence that the invention performs as claimed.
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…the seal to civil commissions after they shall have been signed by the President. These provisions contemplate three distinct operations: nomination which is the President's sole voluntary act; the appointment which is also the President's voluntary act performed by and with the advice and consent of the Senate; and the…