C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart A—Trial Practice and Procedure

37 C.F.R. § 42.61

Admissibility

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(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.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: United Therapeutics Corp. v. Liquidia Tech., Inc. (Fed. Cir. 2024).
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United Therapeutics Corp. v. Liquidia Tech., Inc. (Fed. Cir. 2024). “(quoting 37 C.F.R. § 42.61 (a)). In response, the PTO and Liquidia both agree that an oath or declaration is required by regulation but not by statute.”
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