What is the difference between factual evidence and opinion evidence in patent examination?
What is the difference between factual evidence and opinion evidence in patent examination? In patent examination, the distinction between factual evidence and opinion evidence is crucial. The MPEP 716.01(c) provides guidance on this matter: The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145…
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…
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