How does the USPTO treat opinion evidence in patent applications?
How does the USPTO treat opinion evidence in patent applications?
The United States Patent and Trademark Office (USPTO) treats opinion evidence with caution in patent applications. According to MPEP 716.01(c) III:
Although factual evidence is preferable to opinion testimony, such testimony is entitled to consideration and some weight so long as the opinion is not on the ultimate legal conclusion at issue.
The USPTO recognizes that opinion evidence can be valuable, but it is generally given less weight than factual evidence. Examiners are instructed to consider the following factors when evaluating opinion evidence:
- 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
- The presence or absence of factual support for the expert’s opinion
Opinions on legal matters, such as patentability, are typically disregarded, as these are ultimately determined by the examiner based on the factual evidence and applicable law.
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