How is market share considered in proving commercial success for patent applications?
How is market share considered in proving commercial success for patent applications? Market share is an important factor in demonstrating commercial success for patent applications. According to MPEP 716.03(b): “An applicant must show that the claimed invention has been a commercial success by providing evidence of both commercial success and that the success was derived…
Read MoreHow does licensing evidence factor into commercial success arguments?
Licensing evidence can be used to support arguments of commercial success, but it must be carefully evaluated. The Manual of Patent Examining Procedure (MPEP) 716.03(b) provides guidance on this matter: “Evidence of licensing is a secondary consideration which must be carefully appraised as to its evidentiary value because licensing programs may succeed for reasons unrelated…
Read MoreHow does licensing activity support commercial success in patent applications?
How does licensing activity support commercial success in patent applications? Licensing activity can be a strong indicator of commercial success in patent applications. The MPEP 716.03(b) provides guidance on this: “Licensing by itself could show commercial success if done with sufficient intensity.” To effectively use licensing as evidence of commercial success: Demonstrate the extent and…
Read MoreHow does long-felt need impact patent examinations?
Long-felt need can be a powerful factor in patent examinations, particularly when addressing obviousness rejections. MPEP 716.04 explains: Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution. To effectively demonstrate long-felt need: Show the need was persistent and recognized by those…
Read MoreHow does a 37 CFR 1.130(b) declaration establish the date of prior public disclosure?
How does a 37 CFR 1.130(b) declaration establish the date of prior public disclosure? A 37 CFR 1.130(b) declaration establishes the date of prior public disclosure by providing evidence of the public availability of the disclosed subject matter before the relevant date of the potential prior art. According to MPEP 717.01(b): ‘The evidence necessary to…
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 MoreWhat is the significance of ‘greater than expected results’ in patent examination?
What is the significance of ‘greater than expected results’ in patent examination? ‘Greater than expected results’ can be a powerful argument for patentability during patent examination. The MPEP 716.02(a)(I) states: “Greater than expected results are evidence of nonobviousness.” This means that if an invention produces results that are significantly better than what would be expected…
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 MoreAre expert affidavits sufficient to establish enablement in patent applications?
Expert affidavits alone are generally not sufficient to establish enablement in patent applications. The MPEP 716.09 provides guidance on this issue: Affidavits or declarations presented to show that the disclosure of an application is sufficient to one skilled in the art are not acceptable to establish facts which the specification itself should recite. The MPEP…
Read MoreWhat are expected beneficial results in patent law?
Expected beneficial results are considered evidence of obviousness in patent law. The MPEP clearly states: “Expected beneficial results are evidence of obviousness of a claimed invention, just as unexpected results are evidence of unobviousness thereof.” (MPEP 716.02(c)) This means that if the beneficial results of an invention would have been expected based on the prior…
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