What are the requirements for establishing a nexus in patent evidence?

Establishing a nexus in patent evidence requires demonstrating a clear connection between the claimed invention and the objective evidence of nonobviousness. According to MPEP 716.01(b), the key requirements are:

1. Direct relationship: The evidence must be directly related to the unique features of the invention.
2. Causality: There must be a causal link between the claimed elements and the evidence presented.
3. Specificity: The nexus should be specific to the novel aspects of the invention, not to unclaimed features or external factors.
4. Substantiation: Applicants must provide sufficient factual evidence to support the nexus claim.

The MPEP emphasizes:

“Where the offered secondary consideration actually results from something other than what is both claimed and novel in the claim, there is no nexus to the merits of the claimed invention.”

This underscores the importance of ensuring that the evidence directly supports the inventive aspects of the patent application.

To learn more:

• nexus
• patent evidence
• nonobviousness
• MPEP requirements