What is the significance of commercial success in proving long-felt need?
What is the significance of commercial success in proving long-felt need?
Commercial success can be a significant factor in proving long-felt need for a patent application, but it must be carefully considered in context. Here’s why it’s important:
- Indication of market demand: Commercial success can demonstrate that the invention fulfilled a need in the market.
- Validation of the invention’s effectiveness: Success in the marketplace suggests that the invention effectively solved a problem.
- Support for non-obviousness: It can help counter arguments that the invention was obvious.
However, as stated in MPEP 716.04: Evidence of long-felt need must be commensurate in scope with the claims. The long-felt need must not have been satisfied by another before the invention by applicant.
This means that commercial success alone is not sufficient; it must be directly related to the claimed invention and not attributed to other factors such as marketing or pricing.
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