What is the legal basis for considering expert skepticism in patent cases?

The legal basis for considering expert skepticism in patent cases stems from case law and is codified in the Manual of Patent Examining Procedure (MPEP). The MPEP cites several key cases:

Environmental Designs, Ltd. v. Union Oil Co. of Cal., 713 F.2d 693, 698, 218 USPQ 865, 869 (Fed. Cir. 1983) (citing United States v. Adams, 383 U.S. 39, 52, 148 USPQ 479, 483-484 (1966)) (MPEP 716.05)

These cases established that expert skepticism is strong evidence of nonobviousness. Additionally, the MPEP references:

In re Dow Chemical Co., 837 F.2d 469, 5 USPQ2d 1529 (Fed. Cir. 1988); Burlington Industries Inc. v. Quigg, 822 F.2d 1581, 3 USPQ2d 1436 (Fed. Cir. 1987) (MPEP 716.05)

These cases further reinforced the importance of expert skepticism in rebutting prima facie obviousness. This legal foundation provides a basis for patent examiners and courts to consider expert skepticism as a factor in determining patentability and validity.

To learn more:

• Legal Basis
• Expert Skepticism
• Case Law
• Nonobviousness