What is the significance of ‘month to month’ evidence in proving diligence for patent applications?
The significance of ‘month to month’ evidence in proving diligence for patent applications lies in demonstrating continuous effort towards reduction to practice. According to MPEP 715.07(a):
‘Where the evidence of facts establishing diligence is made out on a day-to-day basis, such a record of facts demonstrating reasonably continuous diligence is sufficient to overcome a reference.’
While day-to-day evidence is ideal, month-to-month evidence can also be acceptable if it shows reasonable continuity. The MPEP further states:
‘If gaps of any substantial length occur, the applicant must explain the gaps by a satisfactory showing of facts.’
Therefore, when presenting month-to-month evidence, it’s crucial to provide a clear narrative of continuous effort and explain any significant gaps in activity.
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