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What is the impact of a ‘blocking patent’ on evidence of commercial success?

By russ.krajec@blueironip.com | September 10, 2024

A ‘blocking patent’ can affect the evaluation of evidence of commercial success or long-felt need in patent examination. The MPEP states: “Objective evidence of commercial success or long felt need and failure of others may be given less weight if the record shows that the applicant or patent owner has a strong market power or…

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