Can USPTO employees express opinions on patent validity or enforceability?

No, USPTO employees are not permitted to express opinions on patent validity or enforceability. According to MPEP 1701:

“Public policy demands that every employee of the United States Patent and Trademark Office (USPTO) refuse to express to any person any opinion as to the validity or invalidity of, or the patentability or unpatentability of any claim in any U.S. patent or the expiration date of any patent, except to the extent necessary to carry out [official duties].”

The MPEP emphasizes that validity and enforceability are matters exclusively determined by courts.

To learn more:

• USPTO
• patent validity
• patent enforceability
• patent examiners