How can expert skepticism be used to support a patent application?
Expert skepticism can be a powerful tool to support a patent application, particularly in demonstrating nonobviousness. The MPEP provides guidance on this:
The skepticism of an expert, expressed before these inventors proved him wrong, is entitled to fair evidentiary weight, . . . as are the five to six years of research that preceded the claimed invention.
(MPEP 716.05)
To use expert skepticism effectively:
- Document expressions of disbelief or doubt from recognized experts in the field
- Provide evidence of failed attempts by others to solve the problem
- Show how your invention overcame the skepticism
- Include timeline of research and development to demonstrate the non-trivial nature of the invention
This evidence can help rebut prima facie obviousness rejections and strengthen your patent application.
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