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

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.

To learn more:

• totality of evidence
• patent examination
• obviousness determination
• evidence evaluation