How do licensing activities support commercial success claims in patent cases?
How do licensing activities support commercial success claims in patent cases? Licensing activities can provide strong support for commercial success claims in patent cases. The MPEP 716.03(b)(II) addresses this: Licensing activities showing acceptance by others may be used to demonstrate commercial success if there was licensing of the invention by others during the period attributable…
Read MoreWhat is the importance of ‘nexus’ in commercial success arguments for patents?
What is the importance of ‘nexus’ in commercial success arguments for patents? ‘Nexus’ is crucial in commercial success arguments for patents as it establishes a direct link between the claimed invention and its market success. The MPEP 716.03 states: The term ‘nexus’ designates a factually and legally sufficient connection between the evidence of commercial success…
Read MoreWhat is the significance of gross sales figures in proving commercial success?
What is the significance of gross sales figures in proving commercial success? Gross sales figures can be an important indicator of commercial success in patent cases, but they are not conclusive on their own. The MPEP 716.03(b)(IV) states: Gross sales figures do not show commercial success absent evidence as to market share, Cable Electric Products,…
Read MoreWhat is the significance of gross sales figures in demonstrating commercial success for patents?
What is the significance of gross sales figures in demonstrating commercial success for patents? Gross sales figures can be a powerful indicator of commercial success for patents, but they must be presented correctly. The MPEP 716.03(b) states: “Gross sales figures do not show commercial success absent evidence as to market share, Cable Electric Products, Inc.…
Read MoreHow does the MPEP address the issue of commercial success in foreign countries for U.S. patent applications?
How does the MPEP address the issue of commercial success in foreign countries for U.S. patent applications? The Manual of Patent Examining Procedure (MPEP) recognizes that commercial success in foreign countries can be relevant to U.S. patent applications. According to MPEP 716.03(b), “Evidence of commercial success in foreign countries may be probative of commercial success…
Read MoreCan information favorable to patentability be submitted under MPEP § 724.02?
No, information favorable to patentability should not be submitted under MPEP § 724.02. The MPEP clearly states: Neither 37 CFR 1.56 nor 1.555 require the disclosure of information favorable to patentability, e.g., evidence of commercial success of the invention (see 42 FR 5590). Such information should not be submitted in accordance with MPEP § 724.02.…
Read MoreWhat factors can undermine evidence of commercial success in patent applications?
Several factors can undermine evidence of commercial success in patent applications. According to MPEP 716.03(b), these factors include: Heavy promotion or advertising Shift in advertising Consumption by purchasers normally tied to the applicant or assignee Other business events extraneous to the merits of the claimed invention Recent changes in related technology or consumer demand The…
Read MoreWhat factors can potentially negate evidence of commercial success in patent applications?
Several factors can potentially negate or weaken evidence of commercial success in patent applications. The MPEP mentions: Heavy promotion or advertising Shift in advertising Consumption by purchasers normally tied to applicant or assignee Other business events extraneous to the merits of the claimed invention As stated in the MPEP: In considering evidence of commercial success,…
Read MoreHow does the USPTO evaluate sales figures as evidence of commercial success?
The United States Patent and Trademark Office (USPTO) evaluates sales figures carefully when considering evidence of commercial success. According to MPEP 716.03(b): “Gross sales figures do not show commercial success absent evidence as to market share, Cable Electric Products, Inc. v. Genmark, Inc., 770 F.2d 1015, 226 USPQ 881 (Fed. Cir. 1985), or as to…
Read MoreHow can an applicant demonstrate a nexus between commercial success and the claimed invention?
To demonstrate a nexus between commercial success and the claimed invention, an applicant must provide evidence that the commercial success is directly attributable to the claimed features of the invention. According to MPEP 716.03(b): “Merely showing that there was commercial success of an article which embodied the invention is not sufficient.” Instead, applicants should: Provide…
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