How does ‘excusable interruption’ affect diligence in patent applications?
‘Excusable interruption’ is an important concept related to diligence in patent applications. According to MPEP 715.07(a), certain interruptions in the inventor’s work towards reducing the invention to practice may be excused and not count against their diligence.
The MPEP states:
‘Reasonable diligence is not interrupted by periods during which ‘the inventor’s efforts were not continuous and that the work was suspended for a short time.’ … An interval of time between reduction to practice of an invention and the filing of an application would not preclude a holding that diligence was continuous where the inventor performed ‘other research work on related material.”
This means that brief pauses in work or time spent on related research may not necessarily break the continuity of diligence. However, it’s important to note that the determination of what constitutes an ‘excusable interruption’ is made on a case-by-case basis.
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