What role does the ‘totality of the evidence’ play in patent examinations?

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.

The ‘totality of the evidence’ plays a crucial role in patent examinations, as outlined in MPEP 716.01(d). Key points include:

• Examiners must consider all available evidence before making a final determination on obviousness.
• The totality of evidence includes both the prima facie case of obviousness and any secondary considerations.
• No single piece of evidence is determinative; all evidence must be weighed together.
• The overall strength of the evidence for or against obviousness determines the outcome.

The MPEP emphasizes this point: ‘The examiner must consider the totality of the evidence before reaching a conclusion on obviousness.’ This approach ensures a comprehensive and fair evaluation of patent applications.