Does submitting objective evidence of patentability guarantee a patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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, submitting objective evidence of patentability does not guarantee a patent. The MPEP 716.01(d) clearly states:
“The submission of objective evidence of patentability does not mandate a conclusion of patentability in and of itself.”
This means that while objective evidence is considered, it is weighed against other evidence and arguments in the record. The examiner must evaluate all evidence holistically to make a final determination of patentability.