What is the role of skepticism of experts in patent applications?
Skepticism of experts can play a significant role in patent applications, particularly in demonstrating non-obviousness. MPEP 716.05 states:
Skepticism expressed by experts in the field of the invention is relevant to the issue of nonobviousness.
To effectively use skepticism of experts as evidence:
- Provide documented evidence of skepticism from recognized experts in the field
- Show that the skepticism was based on scientific or technical reasons
- Demonstrate that the invention overcame the skepticism
Applicants should include expert opinions, published articles, or other contemporaneous evidence showing skepticism. This can be powerful evidence that the invention was not obvious to those skilled in the art, helping to overcome obviousness rejections.
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