Admissibility.
37 C.F.R. § 42.61
in effectEffective: 2024-07-01(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.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-37.xmlFetched: 7/26/2026
