How does the USPTO evaluate diligence in complex inventions?
The USPTO evaluates diligence in complex inventions by considering the nature of the invention and the circumstances surrounding its development. According to MPEP 715.07(a): ‘In determining the sufficiency of a 37 CFR 1.131(a) affidavit or declaration, diligence need not be considered unless conception of the invention prior to the effective date is clearly established, since…
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