How is diligence evaluated in patent applications?

Diligence in patent applications is evaluated on a case-by-case basis, considering the specific circumstances of each invention. The MPEP states, Diligence must be judged on the basis of the particular facts in each case. This principle was reinforced in the case of In re Steed, where the court emphasized that Although the claimed invention is a method conducted by computer software, this does not avoid the need for sufficient evidentiary specificity.

When evaluating diligence, patent examiners and courts look for evidence of continuous effort towards reduction to practice. If there are periods of inactivity, these must be explained and justified. As the MPEP notes, the record must set forth an explanation or excuse for the inactivity; the USPTO or courts will not speculate on possible explanations for delay or inactivity.

For a detailed discussion on evaluating diligence, refer to MPEP § 2138.06.

To learn more:

• diligence evaluation
• patent applications
• continuous effort
• reduction to practice
• In re Steed