What is the ‘Critical Period’ in patent diligence cases?
What is the ‘Critical Period’ in patent diligence cases?
The ‘Critical Period’ in patent diligence cases refers to the time frame between the date of conception and the date of reduction to practice. According to MPEP 715.07(a), this period is crucial for determining whether an inventor has shown reasonable diligence in perfecting their invention. The MPEP states:
“The critical period for which diligence must be shown is from just prior to the date of the reference until the date of reduction to practice or the filing of the application.”
During this period, the inventor must demonstrate continuous effort towards reducing the invention to practice. Any unexplained gaps in activity during this time may be detrimental to establishing diligence.
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