Can USPTO employees express opinions on patent validity or enforceability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, USPTO employees are not permitted to express opinions on patent validity or enforceability. According to MPEP 1701 : “Public policy demands that every employee of the United States Patent and Trademark Office (USPTO) refuse to express to any person any opinion as to the validity or invalidity of, or the patentability or unpatentability of any claim in any U.S. patent or the expiration date of any patent, except to the extent necessary to carry out [official duties].” The MPEP emphasizes that validity and enforceability are matters exclusively determined by courts. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse USPTO Employees Must Not Express Opinions on Patent Validity MPEP 1701 Inquiries to Patent Examiners Prohibited MPEP 1701 Prohibited Court Determines Patent Validity MPEP 1701 Requirement for Determining Expiration Date During Examination MPEP 1701 USPTO Employees Cannot Pursue Private Sector Bounties for Identifying Prior Art MPEP 1701 Permitted Patent Examiner Silence on Examination Considerations MPEP 1701 Recommended Definitions and Exceptions for Expiration Date Determination MPEP 1701 Requirement for Patent Term Extension Determination MPEP 1701 Notification Requirement for Maintenance Fee Lapse MPEP 1701 Court Determines Enforceability of Patent MPEP 1701 Other Related FAQs 5 FAQs Collapse Where can I find additional information on USPTO employee restrictions? What is an international-type search, and how does it relate to U.S. national applications? Can patent examiners discuss specific evidence considered during examination? What is the presumption of validity for patents? What should practitioners know about making inquiries to patent examin...