What is the significance of market share in proving commercial success for patent applications?
What is the significance of market share in proving commercial success for patent applications?
Market share can be a crucial factor in demonstrating commercial success for patent applications. According to MPEP 716.03(b), “An applicant who has commercially sold the invention should submit information on market share, if available.” This is because market share data can provide a clear indication of the invention’s success relative to competing products. A substantial market share, especially in a competitive field, can strongly suggest that the invention’s success is due to its merits rather than other factors like marketing or pricing strategies.
The MPEP further states: “In a highly competitive market where the sales of products covered by other patents may be relevant to an assertion of commercial success, the patentee should include information on this issue.” This means that if you’re claiming commercial success in a field with many patented products, it’s important to show how your invention stands out in terms of market share compared to these competitors.
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