How does the ‘commensurate in scope’ requirement affect unexpected results claims in patents?
How does the ‘commensurate in scope’ requirement affect unexpected results claims in patents?
The ‘commensurate in scope’ requirement is a critical factor in evaluating unexpected results claims in patent applications. According to MPEP 716.02(d):
“Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the ‘objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support.'”
This requirement means that:
- The evidence of unexpected results must apply to the full scope of the claimed invention
- If the claims are broad, the evidence should cover a range of conditions or embodiments
- Unexpected results for a single species or narrow range may not be sufficient for broader claims
- The applicant may need to narrow the claims to align with the scope of the unexpected results evidence
Ensuring that unexpected results are commensurate in scope with the claims helps prevent overbroad patent protection and ensures that the full range of claimed subject matter exhibits the unexpected properties or results.
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