How does the USPTO evaluate diligence in complex inventions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO evaluates diligence in complex inventions by considering the nature of the invention and the circumstances surrounding its development. According to MPEP 715.07(a) : ‘In determining the sufficiency of a 37 CFR 1.131(a) affidavit or declaration, diligence need not be considered unless conception of the invention prior to the effective date is clearly established, since diligence comes into question only after prior conception is established.’ For complex inventions, the USPTO recognizes that the process of reduction to practice may take longer and involve more steps. The MPEP guidance suggests: Providing a detailed timeline of activities Explaining the complexity of the invention and why certain steps were necessary Demonstrating that any delays were reasonable given the nature of the invention Inventors working on complex inventions should maintain thorough records of their development process to support claims of diligence if needed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Diligence Required Only After Prior Conception Established MPEP 715.07(a) Explain Lack of Reduction to Practice Showing MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Explain Lack of Reduction to Practice Showing in Bracket 2 MPEP 715 Required Requirement for Reduction to Practice After Reference Date MPEP 715 Requirement for Prior Reduction to Practice MPEP 715 Alleged Reduction to Practice Required MPEP 715 Recomm...