How does the failure of others relate to long-felt need in patent law?
The failure of others is closely related to long-felt need in patent law, as it helps strengthen the case for non-obviousness. According to MPEP 716.04:
“Evidence of long-felt need and the failure of others to meet that need is appropriate for consideration in determining obviousness.”
This relationship is significant because:
- It demonstrates that the problem was recognized and attempts were made to solve it
- It shows that despite efforts by skilled individuals, the solution was not obvious
- It highlights the inventor’s success where others have failed
When presenting evidence of long-felt need, including information about the failure of others can significantly enhance the argument for patentability.
To learn more: