How is commercial success evidence evaluated in patent cases?
How is commercial success evidence evaluated in patent cases?
Commercial success evidence in patent cases is evaluated based on several factors:
- Nexus: There must be a clear connection between the commercial success and the claimed invention.
- Market share: The extent of market penetration is considered.
- Sales figures: Substantial sales can indicate commercial success.
- Growth: Rapid market growth can be a strong indicator.
- Long-felt need: Success in addressing a long-standing problem is significant.
As stated in MPEP 716.03: An applicant who is asserting commercial success to support its contention of nonobviousness bears the burden of proof of establishing a nexus between the claimed invention and evidence of commercial success.
The evidence is evaluated in the context of the invention’s features and the market conditions to determine its persuasiveness in supporting non-obviousness.
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