How is diligence evaluated in patent applications?
Diligence in patent applications is evaluated on a case-by-case basis, considering the specific circumstances of each invention. The MPEP states, Diligence must be judged on the basis of the particular facts in each case. This principle was reinforced in the case of In re Steed, where the court emphasized that Although the claimed invention is…
Read MoreHow 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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