What is irreparable damage in the context of patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 5 Rules 5 Related FAQs 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. Irreparable damage, in the context of patent applications, refers to a situation where a filing date is crucial to preserve the rights of an applicant or to prevent severe harm. According to MPEP 409.03(g) : Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of the party or to prevent irreparable damage. This means that an applicant can demonstrate irreparable damage by providing a statement explaining why obtaining a specific filing date is essential to protect their rights or avoid significant harm. Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Filing Date Necessary to Preserve Rights MPEP 409.03(g) Permitted Requirement for Posthumous Patent Applications MPEP 409 Requirement for Handling Patent Applications with Unavailable Inventors Before Sept 16, 2012 MPEP 409 Requirement for Unavailable Inventors After September 16, 2012 MPEP 409 Requirement for Deceased Inventor Applications Before September 16, 2012 MPEP 409 Other Related FAQs 5 FAQs Collapse How can an applicant prove irreparable damage under pre-AIA 37 CFR 1.47(b)? What changed for patent applications filed on or after September 16, 2012? What is the significance of the filing date in relation to irreparable damage? Is MPEP 409.03(g) applicable to all patent applications? What happens to a patent application if an inventor dies after filing but before issuance?