How do patent examiners assess the credibility of utility statements?
Patent examiners are required to treat statements of utility made by applicants as true unless there is countervailing evidence. The MPEP states: “Office personnel are reminded that they must treat as true a statement of fact made by an applicant in relation to an asserted utility, unless countervailing evidence can be provided that shows that…
Read MoreHow does the USPTO evaluate opinion evidence in patent applications?
How does the USPTO evaluate opinion evidence in patent applications? The United States Patent and Trademark Office (USPTO) evaluates opinion evidence in patent applications with caution. According to MPEP 716.01(c): In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of…
Read More