What role does skepticism of experts play in establishing long-felt need for patent applications?
What role does skepticism of experts play in establishing long-felt need for patent applications?
Skepticism of experts can be a powerful factor in establishing long-felt need for patent applications. The MPEP acknowledges its significance:
Skepticism of experts or disbelief of those in the art may also be used to show nonobviousness.
Expert skepticism contributes to establishing long-felt need in several ways:
- It demonstrates that the problem was considered difficult or unsolvable by those skilled in the art.
- It highlights the unexpected nature of the invention’s success.
- It reinforces the argument that the solution was not obvious to experts in the field.
- It can provide evidence of the persistent nature of the problem over time.
Applicants can use documented expressions of skepticism from industry experts, published articles, or expert testimony to support their claims of long-felt need and non-obviousness in patent applications.
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