How does the scope of commercial success evidence relate to patent claims?

The scope of commercial success evidence must be commensurate with the scope of the patent claims. The MPEP states: Objective evidence of nonobviousness including commercial success must be commensurate in scope with the claims. (MPEP 716.03(a)) This means that the commercial success must be due to the features claimed in the patent application, not unclaimed…

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How does the scope of commercial success evidence relate to patent claims?

The scope of commercial success evidence must align with the scope of the patent claims. This means that the commercial success should be attributable to the specific features claimed in the patent application, not to unclaimed features or broader aspects of the product or process. The MPEP 716.03(a) provides an example: “Evidence showing commercial success…

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