What is prosecution laches in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Unreasonable Delay in Prosecution May Forfeit Patent Rights MPEP 2190 Required Laches Applies Only in Extreme Delay Cases MPEP 2190 Permitted Res Judicata Rejection Applies Only to PTAB Decisions MPEP 2190 Recommended Res Judicata Not Applicable for Final Board Decisions MPEP 2190 Different Claims Do Not Satisfy Res Judicata MPEP 2190 Res Judicata Not Applicable If New Patentability Evidence Provided MPEP 2190 Claims Too Different for Res Judicata MPEP 2190 Res Judicata Not Applicable When Claims Differ MPEP 2190 Res Judicata Not Applicable If New Patentability Evidence Provided MPEP 2190 Claims Too Different for Res Judicata MPEP 2190 Other Related FAQs 5 FAQs Collapse What are the limitations of res judicata in patent applications? How does prosecution laches differ from statutory time limits in patent applications? How does res judicata apply in patent law? When can an examiner make a rejection based on prosecution laches? How does an examiner handle new matter in a patent application?