What is irreparable damage in the context of patent applications?
Irreparable damage, in the context of patent applications, refers to a situation where a filing date is crucial to preserve the rights of an applicant or to prevent severe harm. According to MPEP 409.03(g):
Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of the party or to prevent irreparable damage.
This means that an applicant can demonstrate irreparable damage by providing a statement explaining why obtaining a specific filing date is essential to protect their rights or avoid significant harm.
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Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure