What is the role of publications and printed matter as evidence in patent examination?

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.

Publications and printed matter play a significant role as evidence in patent examination. The MPEP 716.01(c) provides guidance on their use:

To be of probative value, any objective evidence should be supported by actual proof. The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965). Likewise, mere arguments or conclusory statements in the specification do not suffice.

Publications and printed matter can serve as objective evidence when they provide factual information relevant to patentability issues such as novelty, non-obviousness, or enablement. However, they must be properly authenticated and their relevance clearly established. Examiners consider factors such as the publication date, author credentials, and the specific content in relation to the claims when evaluating this type of evidence.