What is prosecution laches in patent law?

Prosecution laches is a legal doctrine that can result in the forfeiture of patent rights due to unreasonable and undue delay in prosecution. The Federal Circuit affirmed this principle in In re Bogese, stating:

“[Applicant] filed twelve continuation applications over an eight-year period and did not substantively advance prosecution when required and given an opportunity to do so by the PTO.”

This doctrine applies in egregious cases of unjustified delayed prosecution, particularly when there are multiple examples of repetitive filings demonstrating a pattern of delay.

To learn more:

• prosecution laches
• patent prosecution
• patent forfeiture
• continuation applications
• delayed prosecution