How 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 unreasonable and unexplained delay in prosecution.”
Prosecution laches is determined on a case-by-case basis, considering factors such as the pattern of repetitive filings and the applicant’s conduct during prosecution. Unlike statutory time limits, which are clear-cut, prosecution laches requires a more nuanced evaluation of the applicant’s behavior throughout the patent prosecution process.
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