What is the significance of skepticism of experts in patent law?
Skepticism of experts plays a crucial role in patent law, particularly in demonstrating nonobviousness. As stated in the MPEP, Expressions of disbelief by experts constitute strong evidence of nonobviousness.
(MPEP 716.05)
This principle is based on the idea that if experts in the field were skeptical about the invention’s feasibility or effectiveness, it suggests that the invention was not obvious to those skilled in the art. Such skepticism can be powerful evidence in overcoming obviousness rejections during patent prosecution or in defending against invalidity challenges in litigation.
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