What is the significance of commercial success in proving long-felt need?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Long-Felt Need Must Not Be Satisfied Before Invention MPEP 716.04 Affidavit Supporting Long-Felt Need Must Be Weighted Carefully MPEP 716.04 No Long-Felt Need Once Key Element Provided MPEP 716.04 Blocking Patent Diminishes Commercial Success Evidence MPEP 716.01(c) Permitted Invention Requirement to Address Long-Felt Need MPEP 716.04 Required Requirement for Objective Evidence of Long-Persisted Problem MPEP 716.04 Blocking Patent Can Diminish Commercial Success Evidence MPEP 716.01(c) Long-Felt Need and Failure of Others Affect Obviousness MPEP 716.04 Requirement for Unsatisfied Long-Felt Need MPEP 716.04 Failure to Solve Long-Felt Need Not Due to Lack of Technical Knowledge MPEP 716.04 Permitted Other Related FAQs 5 FAQs Collapse How can...