How does commercial activity affect diligence in patent applications?
How does commercial activity affect diligence in patent applications?
Commercial activity can significantly impact the evaluation of diligence in patent applications. The MPEP 715.07(a) provides guidance on this matter:
‘Work relied upon to show reasonable diligence must be directly related to the reduction to practice of the invention in question. For example, time spent in order to raise additional capital to finance the reduction to practice of the invention will not be considered as part of the diligence effort.’
This means:
- Commercial activities directly related to developing or perfecting the invention may count towards diligence
- Purely financial or business activities, such as seeking funding, are generally not considered part of the diligence effort
- Marketing or promotional activities are typically not viewed as diligence in reducing the invention to practice
Inventors should focus on documenting technical progress and development efforts rather than commercial activities when demonstrating diligence. However, if commercial activities directly contribute to the invention’s reduction to practice, they should be carefully documented and explained in any diligence argument.
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