How is a presumption of nexus established in patent cases?
A presumption of nexus is established when the asserted objective evidence is tied to a product that includes the claimed features and is coextensive with them. According to the MPEP, Nexus is presumed when the asserted objective evidence of record is tied to a certain product and that product includes the claimed features, and is coextensive with them.
(MPEP 716.01(b))
The purpose of this coextensiveness requirement is to ensure that nexus is only presumed when the product tied to the evidence of secondary considerations is the invention disclosed and claimed. However, it’s important to note that the degree of correspondence between a product and the patent claim can vary along a spectrum.
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