What evidence is required when relying on scientific theory in patent examinations?
When a patent examiner relies on a scientific theory during the examination process, it’s crucial to provide supporting evidence. According to MPEP 2144.02:
“When an examiner relies on a scientific theory, evidentiary support for the existence and meaning of that theory must be provided.”
This requirement ensures that the application of scientific theories in patent examinations is not arbitrary but is based on established and verifiable scientific knowledge. Examiners must provide evidence that supports both the existence of the theory and its relevance to the specific patent application under review.
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Topics:
MPEP 2100 - Patentability,
MPEP 2144.02 - Reliance On Scientific Theory,
Patent Law,
Patent Procedure