What is irreparable damage in the context of patent applications?

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.

To learn more:

• irreparable damage
• patent application
• filing date
• pre-AIA
• 37 CFR 1.47(b)

To learn more:

• 37 CFR 1.47(b)