How can an applicant respond to a prima facie obviousness rejection?
When faced with a prima facie obviousness rejection, an applicant has several options to respond. The MPEP states: “Once the examiner sets out this prima facie case, the burden shifts to the patentee to provide evidence, in the prior art or beyond it, or argument sufficient to rebut the examiner’s evidence.” Applicants can respond by:…
Read MoreWhat is the requirement for commercial success evidence in patent applications?
Commercial success evidence must be commensurate in scope with the claims of the patent application. This means that the evidence of commercial success should be directly related to the claimed features of the invention, not unclaimed features. As stated in MPEP 716.03(a): “Objective evidence of nonobviousness including commercial success must be commensurate in scope with…
Read MoreWhat is the nexus requirement for commercial success evidence in patent applications?
The nexus requirement for commercial success evidence in patent applications means that there must be a direct link between the claimed invention and the commercial success. This ensures that the success is due to the specific features of the invention, not other factors. According to MPEP 716.03(a): “In order to be commensurate in scope with…
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