What is the burden of proof in rebutting a prima facie case of obviousness?

According to MPEP 2145, if a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments and/or evidence to rebut the prima facie case. As stated in the MPEP:

“If a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments and/or evidence to rebut the prima facie case.“

This means the applicant must present persuasive arguments or evidence to overcome the examiner’s rejection. However, the ultimate burden of persuasion remains with the examiner to prove obviousness.

To learn more:

• obviousness
• prima facie case
• rebuttal evidence
• burden of proof