How does the USPTO evaluate opinion evidence in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Factors for Assessing Expert Opinions MPEP 716.01(c) Required Probative Value of Expert Opinions in Establishing Prima Facie Case MPEP 716.01(c) Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Declaration Can Replace Affidavit in Patent Applications MPEP 716 Publications May Serve as Evidence for Facts at Issue MPEP 716 Recommended Blocking Patent Consideration for Nonobviousness Evaluation MPEP 716.01(c) Prohibited Consideration of Applicant’s Rebuttal Arguments MPEP 716.01(c) Oath or Declaration Required for Traversing Rejections MPEP 716 Required Affidavits Must Be Made Under Oath MPEP 716 Declaration Must Acknowledge False Statements MPEP 716 Required Other Related FAQs 5 FAQs Collapse What types of objective evidence are considered probative in patent examination? What is the role of publications and printed matter as evidence in patent exa...