How can expert skepticism be used to support a patent application?

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.

Expert skepticism can be a powerful tool to support a patent application, particularly in demonstrating nonobviousness. The MPEP provides guidance on this:

The skepticism of an expert, expressed before these inventors proved him wrong, is entitled to fair evidentiary weight, . . . as are the five to six years of research that preceded the claimed invention. (MPEP 716.05)

To use expert skepticism effectively:

• Document expressions of disbelief or doubt from recognized experts in the field
• Provide evidence of failed attempts by others to solve the problem
• Show how your invention overcame the skepticism
• Include timeline of research and development to demonstrate the non-trivial nature of the invention

This evidence can help rebut prima facie obviousness rejections and strengthen your patent application.