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What is irreparable damage in the context of patent applications?

By russ.krajec@blueironip.com | September 9, 2024

Irreparable damage, in the context of patent applications, refers to a situation where a filing date is crucial to preserve the rights of an applicant or to prevent severe harm. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date…

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How can an applicant prove irreparable damage under pre-AIA 37 CFR 1.47(b)?

By russ.krajec@blueironip.com | September 9, 2024

Under pre-AIA 37 CFR 1.47(b), an applicant can prove irreparable damage by providing a statement that demonstrates the necessity of a filing date. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of…

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