Can long-felt need be established if the problem was only recently discovered?

Can long-felt need be established if the problem was only recently discovered?

Establishing long-felt need for a recently discovered problem can be challenging. According to the USPTO guidelines:

  • Long-standing nature: Long-felt need typically requires that the problem has existed and been recognized for a significant period.
  • Recent discovery exception: In some cases, a recently discovered problem might qualify if it’s shown that the problem existed unrecognized for a long time.

The MPEP 716.04 states: The long-felt need must not have been satisfied by another before the invention by applicant. This suggests that the focus is on the duration of the unsolved problem, not necessarily when it was discovered. However, proving long-felt need for a recently identified problem would require strong evidence that the problem, though unrecognized, had existed for a substantial time and that the invention immediately solved it upon discovery.

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Tags: long-felt need, patent examination