How can the presumption of operability be challenged in a patent?

The presumption of operability in a patent can be challenged through affidavits or declarations that provide evidence of inoperability. However, MPEP 716.07 sets a high standard for such challenges:

‘Affidavits or declarations attacking the operability of a patent cited as a reference must rebut the presumption of operability by a preponderance of the evidence.’

This means that the evidence presented must show that it is more likely than not that the patented invention is inoperable. The burden of proof lies with the party challenging the patent’s operability.

To learn more:

• Patent Challenges
• Operability
• Affidavits
• Declarations
• Burden of Proof