When can an examiner make a rejection based on prosecution laches?
An examiner should exercise caution when considering a rejection based on prosecution laches. According to MPEP 2190: “An examiner should obtain approval from the TC Director before making a rejection on the grounds of prosecution history laches.” This requirement ensures that such rejections are made only in egregious cases of unreasonable and unexplained delay in…
Read MoreWhat is prosecution laches in patent law?
Prosecution laches is a legal doctrine that can result in the forfeiture of patent rights due to unreasonable and undue delay in prosecution. The Federal Circuit affirmed this principle in In re Bogese, stating: “[Applicant] filed twelve continuation applications over an eight-year period and did not substantively advance prosecution when required and given an opportunity…
Read MoreHow does prosecution laches differ from statutory time limits in patent applications?
Prosecution laches is distinct from statutory time limits in patent applications. While statutory time limits are fixed by law, prosecution laches is a doctrine that addresses unreasonable and unexplained delays in prosecution. According to MPEP 2190: “While there are no firm guidelines for determining when laches is triggered, it applies only in egregious cases of…
Read More