What is the significance of affidavits or declarations in patent examination?
What is the significance of affidavits or declarations in patent examination?
Affidavits or declarations play a crucial role in patent examination by providing objective evidence to support patentability arguments. The MPEP 716.01(c) states:
Affidavits or declarations, when timely presented, containing evidence of criticality or unexpected results, commercial success, long-felt but unsolved needs, failure of others, skepticism of experts, etc., must be considered by the examiner in determining the issue of obviousness of claims for patentability under 35 U.S.C. 103.
These sworn statements can provide valuable information that may not be available in prior art documents, helping to establish non-obviousness or overcome other rejections. However, the weight given to such evidence depends on its relevance and credibility, which the examiner must carefully evaluate.
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