When does diligence become a factor in patent examination?

Diligence becomes a factor in patent examination when an inventor is attempting to establish prior invention under 37 CFR 1.131(a). The MPEP states, In determining the sufficiency of a 37 CFR 1.131(a) affidavit or declaration, diligence need not be considered unless conception of the invention prior to the effective date is clearly established, pursuant to 37 CFR 1.131(b), diligence comes into question only after prior conception is established.

This means that diligence is only considered after the inventor has successfully demonstrated that they conceived the invention before the effective date of a reference or activity cited against their application. Once conception is established, the inventor must then show diligence in reducing the invention to practice.

To learn more:

• diligence
• patent examination
• prior invention
• conception
• 37 CFR 1.131(a)

To learn more:

• 37 CFR 1.131(a)