What must an applicant prove regarding the necessity of filing under pre-AIA 37 CFR 1.47(b)?

When filing under pre-AIA 37 CFR 1.47(b), an applicant must prove that the filing of the application is necessary for specific reasons. The MPEP outlines two primary justifications:

1. To preserve the rights of the parties
2. To prevent irreparable damage

Specifically, the MPEP states: “The pre-AIA 37 CFR 1.47(b) applicant must prove that the filing of the application is necessary (1) to preserve the rights of the parties or (2) to prevent irreparable damage.”

This requirement ensures that the use of pre-AIA 37 CFR 1.47(b) is justified and not merely a matter of convenience. For more detailed information on proving necessity, refer to MPEP § 409.03(g).

To learn more:

• pre-AIA
• patent application
• filing necessity
• irreparable damage