How should applicants explain data in declarations?
Applicants have a specific responsibility when presenting data in declarations. According to MPEP 716.02(b): “[A]ppellants have the burden of explaining the data in any declaration they proffer as evidence of non-obviousness.” This means that it’s not enough to simply present data; applicants must provide a clear explanation of what the data shows and how it…
Read MoreHow does the scope of commercial success relate to patent claims?
The scope of commercial success must be commensurate with the scope of the patent claims to be considered as evidence of non-obviousness. MPEP 716.03(a) states: The commercial success must be due to claimed features, and not due to unclaimed features. Joy Technologies Inc. v. Manbeck, 751 F. Supp. 225, 229, 17 USPQ2d 1257, 1260 (D.D.C.…
Read More