How can an applicant prove irreparable damage under pre-AIA 37 CFR 1.47(b)?

Under pre-AIA 37 CFR 1.47(b), an applicant can prove irreparable damage by providing a statement that demonstrates the necessity of a filing date. 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 statement should explain why obtaining a specific filing date is crucial for preserving the applicant’s rights or preventing significant harm to their interests.

To learn more:

• irreparable damage
• pre-AIA 37 CFR 1.47(b)
• patent application
• filing date
• proof

To learn more:

• pre-AIA 37 CFR 1.47(b)