What is the burden of proof in patent rejections?
In patent examination, the burden of proof for rejecting claims lies with the United States Patent and Trademark Office (USPTO). MPEP 707.07(d) states:
“The burden is on the Office to establish any prima facie case of unpatentability (see, e.g., MPEP § 2103), thus the reasoning behind any rejection must be clearly articulated.”
This means that patent examiners must provide clear and well-reasoned explanations for any rejection. They need to establish a prima facie case of unpatentability, which requires presenting evidence or arguments showing why the claimed invention does not meet the patentability criteria. The applicant then has the opportunity to rebut this case.
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