What is the significance of ‘reasonable diligence’ in patent applications?
‘Reasonable diligence’ is a critical concept in patent law, particularly when an inventor is trying to establish priority of invention. According to MPEP 715.07(a), ‘reasonable diligence’ refers to the inventor’s efforts to reduce the invention to practice or file a patent application.
The MPEP states:
‘The diligence required is that which is reasonable under the circumstances.’
This means that the standard for diligence is not perfection, but rather what would be considered reasonable given the inventor’s situation. Demonstrating reasonable diligence can be crucial in establishing an earlier invention date, which can be important in overcoming prior art references or in interference proceedings.
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