How does the USPTO consider objective evidence of nonobviousness?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 USPTO is required to consider objective evidence of nonobviousness when timely presented. According to MPEP 716.01(a) : “Affidavits or declarations, when timely presented, containing evidence of criticality or unexpected results, commercial success, long-felt but unsolved needs, failure of others, skepticism of experts, etc., must be considered by the examiner in determining the issue of obviousness of claims for patentability under 35 U.S.C. 103.” This evidence is often referred to as ‘secondary considerations’ and can be crucial in overcoming obviousness rejections. The examiner must weigh this evidence along with the prima facie case of obviousness to make a final determination of patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Evidence of Nonobviousness Must Be Considered MPEP 716.01(a) Evidence of Nonobviousness Must Be Considered MPEP 716.01(a) Evidence of Commercial Success Must Be Considered for Obviousness Determination MPEP 716.01(a) Evidence of Nonobviousness Must Be Considered MPEP 716.01(a) Required Affidavits Must Be Considered for Obviousness Determination MPEP 716.01(a) Required Lack of Nonobviousness Evidence Does Not Favor Obviousness MPEP 716.01(a) Failure to Provide Rebuttal Evidence Is Dispositive in Obviousness Case MPEP 716.01(a) Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Oath or Declaration Required for Traversing Rejections MPEP 716 Required Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Other Related FAQs 5 FAQs Collapse How do affidavits or declarations support nonobviousness in patent applications? What is objective evidence of nonobviousness i...