How does the concept of long-felt need impact the assessment of non-obviousness in patent examination?

The concept of long-felt need plays a significant role in assessing non-obviousness during patent examination. According to MPEP 716.04, long-felt need can provide strong evidence against obviousness. Here’s how it impacts the assessment:

1. Indicates non-obvious solution: A long-felt need suggests that the solution was not obvious to those skilled in the art. If the solution were obvious, it likely would have been implemented earlier.
2. Demonstrates technical challenge: The persistence of the need indicates that the problem was technically challenging, supporting the non-obviousness of the solution.
3. Counters prima facie obviousness: Evidence of long-felt need can be used to rebut a prima facie case of obviousness established by the examiner.
4. Supports inventive step: When combined with evidence of the failure of others, long-felt need strongly suggests an inventive step in the claimed invention.
5. Indicates commercial success: Fulfilling a long-felt need often correlates with commercial success, which is another secondary consideration for non-obviousness.

The MPEP emphasizes that the claimed invention must actually satisfy the long-felt need. As stated in the case In re Cavanagh, cited in the MPEP, the invention must in fact satisfy the long-felt need.

When presenting arguments based on long-felt need, applicants should clearly demonstrate how their invention addresses a persistent, recognized problem that others in the field failed to solve, thereby supporting its non-obviousness.

To learn more:

• Long-felt need
• Non-obviousness
• Patent examination
• Inventive step
• Commercial success