When does diligence become a factor in patent examination?
Diligence becomes a factor in patent examination when an inventor is attempting to establish prior invention under 37 CFR 1.131(a). The MPEP states, 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, pursuant to…
Read MoreWhat is diligence in patent law?
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…
Read MoreHow does the USPTO evaluate diligence in joint inventorship cases?
How does the USPTO evaluate diligence in joint inventorship cases? In cases of joint inventorship, the USPTO evaluates diligence differently than for sole inventors. According to MPEP 715.07(a): ‘Where two or more inventors are involved, only one need show diligence. It is not necessary that the efforts of the joint inventors be continuous, so long…
Read MoreWhat is the ‘Slothfulness Rule’ in patent diligence?
The ‘Slothfulness Rule’ is a principle in patent law related to diligence in reducing an invention to practice. According to MPEP 715.07(a), this rule sets a standard for what is considered a lack of diligence. The MPEP cites the following: ‘The law does not look with favor upon an inventor who slumbers upon his rights;…
Read MoreWhat must be shown in a 37 CFR 1.131(a) affidavit to overcome a prior art reference?
To successfully overcome a prior art reference using a 37 CFR 1.131(a) affidavit or declaration, the inventor(s) must show: Conception of the invention prior to the effective date of the reference Diligence in reducing the invention to practice from a time just prior to the effective date of the reference to the date of actual…
Read MoreCan diligence be established through the work of others?
Yes, diligence can be established through the work of others, provided that the inventor has been diligent in overseeing and directing their efforts. The MPEP 715.07(a) states: ‘Work relied upon to show reasonable diligence must be that of the inventor or joint inventors or persons acting on his or her behalf.’ This means that: The…
Read MoreWhat are examples of acceptable excuses for gaps in diligence?
What are examples of acceptable excuses for gaps in diligence? The MPEP provides several examples of acceptable excuses for gaps in diligence during the critical period: Illness of the inventor Extensive travel by the inventor Military service by the inventor Inventor’s employment that related to the invention Reasonable vacation time Time spent in preparing and…
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