37 CFR § 41.158 — Expert testimony; tests and data. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.158 Expert testimony; tests and data.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.158, including 0 rules 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.
Official MPEP § 41.158 — Expert testimony; tests and data.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.158 Expert testimony; tests and data.
- (a) Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight. Testimony on United States patent law will not be admitted.
- (b) If a party relies on a technical test or data from
such a test, the party must provide an affidavit explaining:
- (1) Why the test or data is being used,
- (2) How the test was performed and the data was generated,
- (3) How the data is used to determine a value,
- (4) How the test is regarded in the relevant art, and
- (5) Any other information necessary for the Board to evaluate the test and data.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]