How do patent examiners assess the credibility of utility statements?
Patent examiners are required to treat statements of utility made by applicants as true unless there is countervailing evidence. The MPEP states:
“Office personnel are reminded that they must treat as true a statement of fact made by an applicant in relation to an asserted utility, unless countervailing evidence can be provided that shows that one of ordinary skill in the art would have a legitimate basis to doubt the credibility of such a statement.”
This guideline emphasizes the presumption of truth given to applicants’ statements. However, if an examiner has legitimate reasons to doubt the credibility of a utility statement, they may challenge it based on evidence that would cast doubt in the mind of a person skilled in the relevant art.
Additionally, examiners must also respect expert opinions:
“Similarly, Office personnel must accept an opinion from a qualified expert that is based upon relevant facts whose accuracy is not being questioned; it is improper to disregard the opinion solely because of a disagreement over the significance or meaning of the facts offered.”
This approach ensures a fair and objective examination process while allowing for scrutiny when warranted by evidence.
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