How does the USPTO handle conflicting evidence in patent applications?
How does the USPTO handle conflicting evidence in patent applications?
The USPTO has specific guidelines for handling conflicting evidence in patent applications. According to MPEP 716.01(c), “Where the evidence is conflicting, the examiner must weigh the probative value of each piece of evidence.”
The process for handling conflicting evidence includes:
- Evaluation of credibility: Examiners assess the credibility of each piece of evidence and its source.
- Weighing probative value: The relative strength and relevance of each piece of evidence is considered.
- Considering totality: Examiners look at the overall picture presented by all available evidence.
- Applying legal standards: Evidence is evaluated in light of relevant legal standards for patentability.
The MPEP guidance states: “In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992) (‘After consideration of all the evidence, each claim must be evaluated to determine whether the claim as a whole would have been obvious at the time the invention was made.’)”
In cases of conflicting evidence, examiners are expected to provide a reasoned explanation for their conclusions, taking into account all relevant evidence and explaining why certain evidence was given more weight than others.
To learn more: