37 CFR § 42.65 — Expert testimony; tests and (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.65 Expert testimony; tests and
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.65, 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 § 42.65 — Expert testimony; tests and
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.65 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 or patent examination practice 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, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]