What is the significance of commercial success in patent applications?
Commercial success can be a significant factor in patent applications, particularly when addressing obviousness rejections. MPEP 716.03 states:
Evidence of commercial success, when present, is to be considered in determining the issue of obviousness of a claimed invention.
To effectively use commercial success as evidence:
- The success must be linked to the claimed invention, not extraneous factors
- There must be proof of commercial success and a causal relationship to the claimed invention
- The success should be commensurate in scope with the claims
Applicants should provide sales figures, market share data, or other objective evidence to support claims of commercial success.
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