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.…
Read MoreHow does the USPTO evaluate expert skepticism in patent applications?
The United States Patent and Trademark Office (USPTO) evaluates expert skepticism in patent applications as part of its assessment of nonobviousness. According to the MPEP: Expressions of disbelief by experts constitute strong evidence of nonobviousness. (MPEP 716.05) When evaluating expert skepticism, patent examiners consider: The credibility and expertise of the skeptical experts The timing of…
Read MoreHow can expert skepticism be used to support a patent application?
Expert skepticism can be a powerful tool to support a patent application, particularly in demonstrating nonobviousness. The MPEP provides guidance on this: The skepticism of an expert, expressed before these inventors proved him wrong, is entitled to fair evidentiary weight, . . . as are the five to six years of research that preceded the…
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