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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Tags: evidence, long-felt need, Obviousness, Patent Examinations