How does licensing activity support commercial success in patent applications?
How does licensing activity support commercial success in patent applications?
Licensing activity can be a strong indicator of commercial success in patent applications. The MPEP 716.03(b) provides guidance on this:
“Licensing by itself could show commercial success if done with sufficient intensity.”
To effectively use licensing as evidence of commercial success:
- Demonstrate the extent and intensity of licensing activities
- Provide details on the number and significance of licensees
- Show that licensing is directly related to the merits of the claimed invention
- Include information on licensing fees or royalties if possible
- Explain how licensing has impacted the market or industry
It’s important to note that licensing alone is not always sufficient. The MPEP further states:
“An applicant relying on licensing as evidence of commercial success must show that the licensing program was successful and that the success was due to the merits of the claimed invention rather than to other factors.”
Therefore, when presenting licensing evidence, ensure you clearly link the licensing success to the unique features of your claimed invention.
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