How does the scope of commercial success evidence relate to patent claims?

The scope of commercial success evidence must align with the scope of the patent claims. This means that the commercial success should be attributable to the specific features claimed in the patent application, not to unclaimed features or broader aspects of the product or process.

The MPEP 716.03(a) provides an example: “Evidence showing commercial success of thermoplastic foam ‘cups’ used in vending machines was not commensurate in scope with claims directed to thermoplastic foam ‘containers’ broadly.” This illustrates that the commercial success must be directly linked to the claimed invention’s specific scope.

To learn more:

• commercial success
• patent claims
• scope of evidence
• patent examination

To learn more:

• Scope of Claims
• Patent Application
• Nonobviousness