---
kind: "section"
citation: "37 C.F.R. § 42.61"
title: "37"
number: "42.61"
heading: "Admissibility."
url: "https://uscodex.org/cfr/37/42.61"
---

# §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.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.