How does long-felt need impact patent examinations?
Long-felt need can be a powerful factor in patent examinations, particularly when addressing obviousness rejections. MPEP 716.04 explains:
Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution.
To effectively demonstrate long-felt need:
- Show the need was persistent and recognized by those of ordinary skill in the art
- Prove the need was not solved by another before the applicant’s invention
- Demonstrate that the invention actually satisfies the long-felt need
Applicants should provide historical evidence, industry publications, or expert testimony to support claims of long-felt need. This evidence can help overcome obviousness rejections by showing that the invention was not obvious to those skilled in the art.
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