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

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))

To learn more:

• Objective Evidence
• Patent Examination
• Probative Value
• Unexpected Results
• Commercial Success