How can an applicant demonstrate unexpected results?

To demonstrate unexpected results, an applicant should:

1. Compare the claimed invention with the closest prior art
2. Explain the significance of the unexpected results
3. Provide evidence that is commensurate in scope with the claims

The MPEP states: The evidence relied upon should establish ‘that the differences in results are in fact unexpected and unobvious and of both statistical and practical significance.’ (MPEP 716.02(b))

Applicants should also be prepared to explain their data and its relevance to the claimed invention.

To learn more:

• unexpected results
• patent application
• evidence
• comparative testing