When can a patent examiner question test results in a patent application?

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.

A patent examiner can question test results in a patent application when there is a reasonable basis for doing so. The Manual of Patent Examining Procedure (MPEP) 707.07(l) states:

The results of the tests and examples should not normally be questioned by the examiner unless there is reasonable basis for questioning the results.

If an examiner has a valid reason to doubt the accuracy or relevance of the provided test results, they may challenge them. However, this should not be done arbitrarily and must be based on a sound rationale.