What is the role of scientific theory in patent rejections?
Scientific theory can play a significant role in patent rejections under 35 U.S.C. 103. As stated in MPEP 2144.02:
“The rationale to support a rejection under 35 U.S.C. 103 may rely on logic and sound scientific principle.”
This means that patent examiners can use established scientific theories and principles as part of their reasoning to reject a patent application for obviousness. However, it’s important to note that the use of scientific theory must be supported by evidence and properly applied to the specific case at hand.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2144.02 - Reliance On Scientific Theory,
Patent Law,
Patent Procedure