How does licensing evidence support commercial success in patent cases?
How does licensing evidence support commercial success in patent cases? Licensing evidence can be a powerful indicator of commercial success in patent cases. The MPEP 716.03(b)(II) provides guidance on this: Licensing by itself could show commercial success if done with companies not related to the patentee, as long as the licensing clearly demonstrates that the…
Read MoreWhat factors can contribute to the presence of a long-felt need in patent cases?
The presence of a long-felt need in patent cases can be influenced by various factors beyond technical challenges. The MPEP highlights several considerations: Lack of interest: Sometimes, a long-felt need may persist due to insufficient interest in solving the problem, rather than technical limitations. Lack of appreciation: The potential or marketability of an invention may…
Read MoreCan attorney arguments replace evidence in patent cases?
No, attorney arguments cannot replace evidence in patent cases. The MPEP clearly states: “The arguments of counsel cannot take the place of evidence in the record.” (MPEP 716.01(c)) This principle is based on the case In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965). Attorney statements regarding aspects such as unexpected…
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