How are affidavits used in computer programming patent cases?
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.
Affidavits play a crucial role in computer programming patent cases, particularly when addressing enablement issues. The MPEP provides guidance on how these affidavits should be analyzed:
- The skill level and qualifications of the affiant should be critically analyzed in relation to the person of ordinary skill in the art.
- Affidavits must provide factual evidence to support conclusions or opinions.
- Affidavits should be probative of the level of skill of the person of ordinary skill in the art at the time the application was filed.
The MPEP cautions:
“Factual evidence directed to the amount of time and effort and level of knowledge required for the practice of the invention from the disclosure, and knowledge in the art can be expected to rebut a prima facie case of nonenablement, but not opinion evidence directed to the ultimate legal question of enablement.”
It’s important to note that affidavits alone may not be sufficient to demonstrate enablement, especially if they lack specific facts or merely present conclusions on the ultimate legal question of sufficiency.