What is the significance of the ‘maximum extendable period’ in USPTO Office actions?

What is the significance of the ‘maximum extendable period’ in USPTO Office actions? The ‘maximum extendable period’ in USPTO Office actions is crucial for patent applicants to understand. It refers to the longest possible time an applicant has to respond to an Office action, including any available extensions of time. According to MPEP 711.03(b): ‘An…

Read More

What is the significance of market share in proving commercial success for patent applications?

What is the significance of market share in proving commercial success for patent applications? Market share can be a crucial factor in demonstrating commercial success for patent applications. According to MPEP 716.03(b), “An applicant who has commercially sold the invention should submit information on market share, if available.” This is because market share data can…

Read More

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 More

How 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 More