How does the USPTO evaluate “reasonable diligence” in filing a reissue application?
The USPTO evaluates “reasonable diligence” in filing a reissue application on a case-by-case basis, considering the specific circumstances of each situation. According to MPEP 1403:
“What constitutes reasonable diligence must be determined on a case-by-case basis, taking all the facts and circumstances into account.”
Factors that the USPTO may consider include:
- The complexity of the subject matter
- The amount of time needed for research and preparation
- Any unavoidable delays (e.g., illness, natural disasters)
- Evidence of continuous effort towards filing
- The overall length of the delay
Applicants should document their efforts and be prepared to explain any periods of apparent inactivity to demonstrate reasonable diligence.
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