What is the significance of ‘reasonable diligence’ in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. ‘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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Application Publications as Prior Art MPEP 715 Permitted Date to Overcome Prior Art Is Effective Date MPEP 715 Date of Foreign Patent Availability as Prior Art MPEP 715 Evidence of Diligence Required for Post-Conception Actions MPEP 715.07(a) Required Lost Count Not Prior Art Under Pre-AIA 102(g) MPEP 715 Prohibited Affidavit Must Establish Reduction to Practice Before Filing Date MPEP 715 Required Requirement for Prior Reduction to Practice MPEP 715 Requirement for Reduction to Practice After Reference Date MPEP 715 Diligence Required Only After Prior Conception Established MPEP 715.07(a) Requirement for Pre-AIA Prior Art Disclosure MPEP 715.07(a) Other Related FAQs 5 FAQs Collapse What are examples of acceptable excuses for gaps in diligence? Can diligence be established through the work of others? What constitutes reasonable diligence in reducing an invention to practice? What constitutes a &#8216;reasonable&#82...