How does the failure of others relate to long-felt need in patent law?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.