What are examples of acceptable excuses for gaps in diligence?

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 MPEP provides several examples of acceptable excuses for gaps in diligence during the critical period:

• Illness of the inventor
• Extensive travel by the inventor
• Military service by the inventor
• Inventor’s employment that related to the invention
• Reasonable vacation time
• Time spent in preparing and filing a patent application or preparing technical information for filing with prospective manufacturers

As stated in MPEP 715.07(a): ‘In determining the diligence of an inventor, all the evidence must be weighed. The basic inquiry is whether, under all the circumstances of the case, the inventor or the assignee has exercised reasonable diligence.’ It’s important to note that each case is evaluated on its own merits, and what constitutes an acceptable excuse may vary depending on the specific circumstances.