What types of evidence can be used to establish conception in a 37 CFR 1.131(a) affidavit?
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…
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 MoreWhat is the best mode requirement in patent applications?
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…
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