What types of objective evidence are considered probative in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. Objective evidence that can be considered probative in patent examination includes: Unexpected results Commercial success Solution of a long-felt need Inoperability of the prior art Invention before the date of the reference Allegations of derivation of the disclosed subject matter from the inventor However, it’s important to note that “Objective evidence which must be factually supported by an appropriate affidavit or declaration to be of probative value.” ( MPEP 716.01(c) ) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Objective Evidence Must Be Factually Supported MPEP 716.01(c) Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Unexpected Results Must Be Supported by Experimental Data MPEP 716.01(c) Affidavit Required for Objective Evidence MPEP 716.01(c) Required Requirement for Objective Evidence of Long-Persisted Problem MPEP 716.04 Blocking Patent Diminishes Commercial Success Evidence MPEP 716.01(c) Permitted Blocking Patent Can Diminish Commercial Success Evidence MPEP 716.01(c) Oath or Declaration Required for Traversing Rejections MPEP 716 Required Declaration Can Replace Affidavit in Patent Applications MPEP 716 Other Related FAQs 5 FAQs Collapse What is the role of publications and printed matter as evidence in patent examination? What is the significance of attorney arguments in patent examination? What is the significance of affidavits or declarations in patent examination? What is the significance of opinion evidence in patent examinations? How does the USPTO evaluate affidavits or declarations in pa...