What is the role of “long-felt need” in patent non-obviousness arguments?
“Long-felt need” is an important secondary consideration that can support an argument for non-obviousness in patent applications. It suggests that the invention addresses a problem that has existed for a significant time without a solution. The MPEP 716.01(b) emphasizes the importance of establishing a nexus:
“Nexus is a legally and factually sufficient connection between the objective evidence and the claimed invention such that the objective evidence should be considered in the determination of nonobviousness.”
To effectively use long-felt need as evidence, an applicant must demonstrate:
- The need has been persistent and recognized by those in the field
- The need has not been satisfied by another before the invention
- The claimed invention actually satisfies the need
Establishing this connection helps show that the invention was not obvious to those skilled in the art, despite the long-standing nature of the problem.
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