What is the “reasonable expectation of success” requirement in patent law?
The “reasonable expectation of success” requirement is a crucial element in determining obviousness in patent law. According to MPEP 2143.02, “Where there is a reason to modify or combine the prior art to achieve the claimed invention, the claims may be rejected as prima facie obvious provided there is also a reasonable expectation of success.”
This means that when combining or modifying prior art references to arrive at a claimed invention, there must be a reasonable expectation that the combination or modification would work as intended. The standard does not require absolute certainty, but rather a reasonable likelihood of success based on the knowledge available at the relevant time.
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Topics:
MPEP 2100 - Patentability,
MPEP 2143.02 - Reasonable Expectation Of Success Is Required,
Patent Law,
Patent Procedure