How does the USPTO evaluate ‘reasonable diligence’ in patent applications?
How does the USPTO evaluate ‘reasonable diligence’ in patent applications?
The USPTO evaluates ‘reasonable diligence’ in patent applications by examining the inventor’s actions during the critical period between conception and reduction to practice. 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.”
The USPTO considers factors such as:
- Continuous effort towards reducing the invention to practice
- Documented evidence of work on the invention
- Explanations for any gaps in activity
- The complexity of the invention and the inventor’s circumstances
Examiners assess whether the inventor’s efforts were reasonably continuous and whether any delays were justifiable given the circumstances. It’s important to provide detailed evidence of diligence to support the patent application.
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