How does an affidavit or declaration of commercial success relate to patent claims?
An affidavit or declaration of commercial success must establish a clear nexus between the claimed invention and the commercial success. Simply attributing success to a product or process “constructed according to the disclosure and claims” is not sufficient to establish this nexus. The MPEP 716.03(a) states: “An affidavit or declaration attributing commercial success to a…
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