How should applicants explain data in declarations?

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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. Applicants have a specific responsibility when presenting data in declarations. According to MPEP 716.02(b) : “[A]ppellants have the burden of explaining the data in any declaration they proffer as evidence of non-obviousness.” This means that it’s not enough to simply present data; applicants must provide a clear explanation of what the data shows and how it supports their argument for non-obviousness. The explanation should help the examiner understand the significance of the results in the context of the claimed invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Publications May Serve as Evidence for Facts at Issue MPEP 716 Recommended Requirement for Full Explanation of Affidavit or Declaration Under 37 CFR 1.132 MPEP 716 Required Requirement for Full Explanation of Invention MPEP 716 Required Requirement for Full Explanation of Affidavit or Declaration Under 37 CFR 1.132 MPEP 716 Required Affidavits Must Follow Specific Paragraphs MPEP 716 Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Examiner Note: Full Explanation Must Accompany Affidavits or Declarations Under 37 CFR 1.132 MPEP 716 Required Oath or Declaration Required for Traversing Rejections MPEP 716 Required Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Affidavits Must Be Made Under Oath MPEP 716 Other Related FAQs 5 FAQs Collapse What types of comparative tests are acceptable for showing non-obviousness? How can unexpected properties of an end product establish patentability of an intermediate? What is the role of &#8216;comparative data&#8217; in demonstrating unexpected results for patent applications? What is ...