How does an examiner evaluate the sufficiency of facts in affidavits or declarations?
When evaluating the sufficiency of facts in affidavits or declarations, examiners follow specific guidelines outlined in MPEP 716. The manual states: ‘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 any opposing evidence, the interest of the expert in…
Read MoreWhat factors are considered in evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration?
When evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration, the following factors are considered: For disclosures including the inventor or a joint inventor as an author, an unequivocal statement of inventorship with a reasonable explanation for additional authors may be acceptable. A mere statement without reasonable explanation may not be sufficient if…
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