37 CFR 42.61: Admissibility

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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42.61    Admissibility.

  • (a) Evidence that is not taken, sought, or filed in accordance with this subpart is not admissible.
  • (b) Records of the Office. Certification is not necessary as a condition to admissibility when the evidence to be submitted is a record of the Office to which all parties have access.
  • (c) Specification and drawings. A specification or drawing of a United States patent application or patent is admissible as evidence only to prove what the specification or drawing describes. If there is data in the specification or a drawing upon which a party intends to rely to prove the truth of the data, an affidavit by an individual having first-hand knowledge of how the data was generated must be filed.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]