What is the nexus requirement for commercial success evidence in patent applications?
The nexus requirement for commercial success evidence in patent applications means that there must be a direct link between the claimed invention and the commercial success. This ensures that the success is due to the specific features of the invention, not other factors.
According to MPEP 716.03(a): “In order to be commensurate in scope with the claims, the commercial success must be due to claimed features, and not due to unclaimed features.” The MPEP further directs examiners to MPEP 716.01(b) and MPEP 2145 for more guidance on determining if the nexus requirement is met.
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