What evidence is needed to support a claim of long-felt need in a patent application?

To support a claim of long-felt need in a patent application, applicants must provide objective evidence as outlined in MPEP 716.04. The following types of evidence are crucial:

1. Problem recognition: Evidence that the problem was recognized and articulated in the art. This can include published articles, industry reports, or expert testimonies discussing the problem.
2. Persistence of the need: Documentation showing that the need existed for a long time. Historical records, dated publications, or long-standing industry challenges can support this.
3. Efforts to solve: Evidence of attempts by others to solve the problem. This can include failed patent applications, research papers, or product development records.
4. Failure of others: Documentation of unsuccessful attempts by skilled artisans to address the need. Expert testimonies or analysis of prior failed solutions can be valuable.
5. Date of problem identification: Clear indication of when the problem was first identified and articulated. This is critical as the MPEP states, Long-felt need is analyzed as of the date the problem is identified and articulated, and there is evidence of efforts to solve that problem, not as of the date of the most pertinent prior art references.
6. Invention’s success: Evidence that the claimed invention actually satisfies the long-felt need. This can include market success, industry adoption, or technical evaluations.

Remember, the evidence should be objective and clearly demonstrate the long-standing nature of the problem, the failure of others to solve it, and how the claimed invention addresses the need.

To learn more:

• Long-felt need
• Patent application
• Objective evidence
• Problem recognition
• Persistence of need
• Failure of others