Who bears the burden of proof for establishing a nexus between commercial success and the claimed invention?

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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. According to the MPEP, the burden of proof for establishing a nexus between commercial success and the claimed invention lies with the applicant. The Federal Circuit has stated: Consequently, the PTO must rely upon the applicant to provide hard evidence of commercial success. ( MPEP 716.03 ) This means that applicants asserting commercial success to support nonobviousness must provide concrete evidence demonstrating the connection between their claimed invention and its commercial success. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Applicant Must Provide Proof of Commercial Success MPEP 716.03 Required Evidence of Commercial Success Not Probative for Claims Subject to 103 Rejection MPEP 716.03 Nexus Between Success and Invention Required for Nonobviousness MPEP 716.03 Nexus Required for Commercial Success Evidence MPEP 716.03 PTO Lacks Means to Verify Commercial Success Assertions MPEP 716.03 Evidence of Commercial Success Must Be Relevant to Design Features MPEP 1504.03 Evidence of Commercial Success Must Be Relevant to Design Features MPEP 1504.03 Oath or Declaration Required for Traversing Rejections MPEP 716 Required Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Publications May Serve as Evidence for Facts at Issue MPEP 716 Recommended Other Related FAQs 5 FAQs Collapse What is the significance of commercial success in 37 CFR 1.132 affidavits? What is the significance of commercial success in patent applications? Is commercial success abroad relevant to patent applications in the United States? How is commercial success evidence evaluated in patent cases? What is the nexus requirement for commercial success in patent applications?