What does ‘commensurate in scope’ mean in the context of unexpected results?
‘Commensurate in scope’ refers to the requirement that evidence of unexpected results must cover the entire range of the claimed invention. The MPEP 716.02(d) states: Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the ‘objective evidence of nonobviousness must be commensurate in scope…
Read MoreWhat is the significance of ‘commensurate in scope’ for unexpected results?
‘Commensurate in scope’ means that the evidence of unexpected results must apply to the full range of the claimed invention. The MPEP states: Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the ‘objective evidence of nonobviousness must be commensurate in scope with the…
Read MoreHow does the ‘commensurate in scope’ requirement affect unexpected results claims in patents?
How does the ‘commensurate in scope’ requirement affect unexpected results claims in patents? The ‘commensurate in scope’ requirement is a critical factor in evaluating unexpected results claims in patent applications. According to MPEP 716.02(d): “Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the…
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