What evidence can be submitted to support allegations of public use or sale in a patent protest?
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.
When submitting a protest based on alleged public use or sale, various forms of evidence can be provided. The MPEP states:
“In a protest based on an alleged public use or sale, evidence of such public use or sale may be submitted along with affidavits or declarations identifying the source(s) of the evidence and explaining its relevance and meaning.”
Examples of acceptable evidence include:
- Offers for sale
- Orders
- Invoices
- Receipts
- Delivery schedules
It’s important to note that:
- Affidavits or declarations should accompany the evidence to explain its source and relevance
- The USPTO will evaluate the submitted evidence to determine if public use or sale has been established
- The decision will be based on the totality of evidence available to the Office
Protestors should ensure that the evidence clearly demonstrates public use or sale and provide context through accompanying declarations.