MPEP Q&A 213: Can Attorney Arguments Take the Place of Evidence? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2020-12-22T15:03:58
Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration include statements regarding unexpected results, commercial success, solution of a long-felt need, inoperability of the prior art, invention before the date of the reference, and allegations that the author(s) of the prior art derived the disclosed subject matter from the inventor or at least one joint inventor. Chapter Details: The answer to this question can be found…
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Further podcasts by Lisa Parmley, USPTO Patent Practitioner #51006