How can greater than expected results demonstrate nonobviousness?
Greater than expected results can be powerful evidence of nonobviousness in patent applications. According to MPEP 716.02(a): A greater than expected result is an evidentiary factor pertinent to the legal conclusion of obviousness … of the claims at issue. This can be demonstrated in several ways: Showing an additive result when a diminished result would…
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…
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