How is opinion evidence evaluated in patent examination?
Opinion evidence in patent examination is evaluated based on several factors: The nature of the matter sought to be established The strength of any opposing evidence The interest of the expert in the outcome of the case The presence or absence of factual support for the expert’s opinion The MPEP states: “Although factual evidence is…
Read MoreHow does the USPTO treat opinion evidence in patent applications?
How does the USPTO treat opinion evidence in patent applications? The United States Patent and Trademark Office (USPTO) treats opinion evidence with caution in patent applications. According to MPEP 716.01(c) III: Although factual evidence is preferable to opinion testimony, such testimony is entitled to consideration and some weight so long as the opinion is not…
Read More