Question 1

What types of evidence can be used to establish conception in a 37 CFR 1.131(a) affidavit?

Accepted Answer

When filing a 37 CFR 1.131(a) affidavit to establish conception of an invention, it's crucial to provide sufficient evidence. The MPEP provides guidance on what constitutes acceptable evidence:

While conception is the mental part of the inventive act, it must be capable of proof, such as by demonstrative evidence or by a complete disclosure to another. Conception is more than a vague idea of how to solve a problem. The requisite means themselves and their interaction must also be comprehended.

This means that inventors should provide concrete evidence that demonstrates a clear and complete understanding of the invention, including how it would work. This could include detailed sketches, written descriptions, or documented discussions with others that show the invention was fully conceived prior to the reference date.

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37 CFR 1.131(a)

Question 2

What is the best mode requirement in patent applications?

Accepted Answer

The best mode requirement in patent applications refers to the obligation of the inventor to disclose the best way they know of carrying out their invention at the time of filing. This is mandated by 35 U.S.C. 112.

As stated in MPEP 608.01(h): The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description. This requirement ensures that the public receives the full benefit of the invention in exchange for the patent grant.

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Question 3

What is diligence in patent law?

Accepted Answer

In patent law, diligence refers to the continuous effort an inventor makes to reduce their invention to practice after conception. As stated in the MPEP, In patent law, an inventor is either diligent at a given time or he is not diligent; there are no degrees of diligence. This means that diligence is a binary concept - an inventor is either diligent or not, without intermediate levels.

The MPEP also notes that An applicant may be diligent within the meaning of the patent law when he or she is doing nothing, if his or her lack of activity is excused. However, it's crucial to provide an explanation for any periods of inactivity, as the USPTO or courts will not speculate on possible explanations for delay or inactivity.

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Patent Law FAQ

Here’s the complete FAQ:

Patent Law (1)

What is the best mode requirement in patent applications?

Patent Procedure (1)

What is the best mode requirement in patent applications?