How does the USPTO evaluate diligence in complex inventions?
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.
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