What is the “continuous effort” requirement for diligence in filing a reissue application?

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.

The “continuous effort” requirement for diligence in filing a reissue application refers to the need for inventors or patent owners to show sustained progress towards filing the reissue application without unreasonable delays. The MPEP 1403 states:

“A delay between the discovery of the need for a reissue and the filing of a reissue application may be excusable if it is shown that the delay was not unreasonable.”

This means that while some delay may be acceptable, applicants must demonstrate that they were actively working towards filing the reissue application during the period between discovering the need for reissue and actually filing it. Continuous effort can be shown through documentation of research, drafting, or consultation with attorneys during this time.