What constitutes ‘excusable delay’ in patent diligence cases?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
What constitutes ‘excusable delay’ in patent diligence cases?
‘Excusable delay’ in patent diligence cases refers to justifiable reasons for gaps in an inventor’s work towards reducing an invention to practice. The MPEP 715.07(a) provides guidance on this matter:
“In determining the diligence of an inventor, all the evidence must be considered. The mere allegation that diligence is lacking is not sufficient to require further consideration of the issue of diligence.”
Examples of potentially excusable delays include:
- Illness or family emergencies
- Necessary time for ordering specialized equipment or materials
- Temporary unavailability of essential resources
- Time spent on closely related work that contributes to the invention
It’s crucial to provide documentation and explanations for any periods of inactivity. The USPTO considers the specific circumstances of each case when evaluating whether a delay is excusable. Inventors should maintain detailed records of their work and any factors that may have caused delays in the inventive process.