What is the process for admitting new evidence in a patent appeal?
The process for admitting new evidence in a patent appeal involves several steps and considerations. According to MPEP 1206:
“If the examiner determines that the evidence should be entered, prosecution must be reopened if the evidence would at least raise a substantial question regarding the propriety of a pending rejection.”
The examiner must first determine if the evidence should be admitted. If admitted, they must then decide whether to reopen prosecution or maintain the appeal. If the evidence raises substantial questions about a pending rejection, prosecution should be reopened. Otherwise, the examiner may maintain the appeal and include an explanation of how the new evidence was considered.
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