Is diligence or reduction to practice required when showing that a reference describes an inventor’s own work?

When showing that a reference describes an inventor’s own work to overcome a pre-AIA 35 U.S.C. 102(e) rejection, the applicant does not need to show diligence or reduction to practice. The MPEP clearly states: “When the reference reflects an inventor’s or at least one joint inventor’s own work, evidence of diligence or reduction to practice…

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How is priority of invention determined in interference proceedings?

Priority of invention in interference proceedings is determined based on several factors, including conception, reduction to practice, and diligence. The MPEP provides priority time charts to illustrate various scenarios. Generally: The first to conceive and reduce the invention to practice is awarded priority. If one party conceives first but reduces to practice second, they can…

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What is the “continuous effort” requirement for diligence in filing a reissue application?

The “continuous effort” requirement for diligence in filing a reissue application refers to the need for inventors or patent owners to show sustained progress towards filing the reissue application without unreasonable delays. The MPEP 1403 states: “A delay between the discovery of the need for a reissue and the filing of a reissue application may…

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What is the significance of ‘month to month’ evidence in proving diligence for patent applications?

The significance of ‘month to month’ evidence in proving diligence for patent applications lies in demonstrating continuous effort towards reduction to practice. According to MPEP 715.07(a): ‘Where the evidence of facts establishing diligence is made out on a day-to-day basis, such a record of facts demonstrating reasonably continuous diligence is sufficient to overcome a reference.’…

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How does ‘excusable interruption’ affect diligence in patent applications?

‘Excusable interruption’ is an important concept related to diligence in patent applications. According to MPEP 715.07(a), certain interruptions in the inventor’s work towards reducing the invention to practice may be excused and not count against their diligence. The MPEP states: ‘Reasonable diligence is not interrupted by periods during which ‘the inventor’s efforts were not continuous…

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What is the diligence requirement for proving prior invention under 37 CFR 1.131(a)?

The diligence requirement is crucial when establishing prior invention under 37 CFR 1.131(a). MPEP 715.07(a) states: Where conception occurs prior to the date of the reference, but reduction to practice is afterward, it is not enough merely to allege that the inventor or inventors had been diligent. Rather, applicant must show evidence of facts establishing…

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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…

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