What constitutes reasonable diligence in reducing an invention to practice?
What constitutes reasonable diligence in reducing an invention to practice?
Reasonable diligence in reducing an invention to practice is a critical factor in patent law. According to MPEP 715.07(a):
‘A reasonable diligence must be shown throughout the entire critical period. The critical period is usually the period between the effective filing date of the reference and the effective filing date of the application.’
Reasonable diligence typically includes:
- Continuous efforts to develop the invention
- Regular work on perfecting the invention
- Documenting progress and setbacks
- Taking steps towards filing a patent application
The USPTO evaluates diligence on a case-by-case basis, considering factors such as:
- The complexity of the invention
- The inventor’s circumstances
- The nature of any delays or interruptions
It’s important to maintain detailed records of all activities related to the invention during the critical period to demonstrate reasonable diligence if challenged.
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