How does the USPTO evaluate opinion evidence in patent applications?
How does the USPTO evaluate opinion evidence in patent applications?
The United States Patent and Trademark Office (USPTO) evaluates opinion evidence in patent applications with caution. According to MPEP 716.01(c):
In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of any opposing evidence, the interest of the expert in the outcome of the case, and the presence or absence of factual support for the expert’s opinion.
This means that while expert opinions can be valuable, they are not automatically considered conclusive. Examiners are instructed to weigh the credibility and factual basis of opinion evidence, considering factors such as the expert’s qualifications, potential bias, and the presence of supporting data or analysis.
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