What is the significance of long-felt need in patent examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The significance of long-felt need in patent examination lies in its ability to demonstrate non-obviousness of an invention. According to MPEP 716.04, “Evidence of a long-felt need may be presented for purposes of rebutting a prima facie case of obviousness.” Long-felt need is particularly valuable when:

  • The need has been recognized and persistent
  • The need has not been satisfied by another before the applicant’s invention
  • The invention actually satisfies the long-felt need

Demonstrating these factors can help establish that an invention is not obvious and thus potentially patentable.

Tags: evidence, long-felt need, non-obviousness, patent examination