How does the USPTO evaluate “reasonable diligence” in filing a reissue application?

The USPTO evaluates “reasonable diligence” in filing a reissue application on a case-by-case basis, considering the specific circumstances of each situation. According to MPEP 1403:

“What constitutes reasonable diligence must be determined on a case-by-case basis, taking all the facts and circumstances into account.”

Factors that the USPTO may consider include:

  • The complexity of the subject matter
  • The amount of time needed for research and preparation
  • Any unavoidable delays (e.g., illness, natural disasters)
  • Evidence of continuous effort towards filing
  • The overall length of the delay

Applicants should document their efforts and be prepared to explain any periods of apparent inactivity to demonstrate reasonable diligence.

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Tags: patent filing, Reasonable Diligence, reissue application, Uspto Evaluation