What evidence is needed to prove commercial success in patent applications?
To prove commercial success as evidence of non-obviousness in patent applications, applicants must provide substantial and credible evidence. According to MPEP 716.03(a), the following types of evidence are typically required:
- Sales figures: Actual sales data for the product embodying the claimed invention
- Market share: Information on the product’s share of the relevant market
- Growth in market share: Data showing an increase in market share over time
- Licensing: Evidence of licensing by others, especially competitors
- Praise from the industry: Recognition or awards for the product
- Long-felt need: Evidence that the product fulfilled a long-standing need in the market
The MPEP emphasizes that merely stating that a product was commercially successful is not sufficient. As stated in the manual:
Objective evidence of nonobviousness including commercial success must be commensurate in scope with the claims.
Applicants should provide detailed documentation and analysis to demonstrate how the commercial success is directly related to the claimed invention and not to other factors.
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