Can 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 inventor can delegate tasks to employees, contractors, or collaborators
• The work of these individuals can be used as evidence of diligence
• The inventor must demonstrate active oversight and direction of the work

It’s important to note that the inventor should be able to provide evidence of their involvement and direction in the work performed by others. This could include correspondence, meeting notes, or project plans that show the inventor’s ongoing engagement in the reduction to practice process.

To learn more:

• diligence
• work of others
• inventor oversight
• reduction to practice
• collaboration