How can market share data support a patent’s commercial success claim?
How can market share data support a patent’s commercial success claim?
Market share data can be a powerful tool in supporting a patent’s commercial success claim. According to MPEP 716.03(b)(IV):
Information regarding market share may be presented in affidavit form. Inclusion of sales data showing that the product has been sold, as well as information regarding the total sales of competing products in the market, would be relevant to determining whether the product has gained a substantial share of the market.
To effectively use market share data:
- Provide specific figures showing the product’s market penetration.
- Compare your product’s market share to those of competing products.
- Demonstrate growth in market share over time.
- Explain how the market share relates to the claimed invention’s features.
- Consider the size and competitiveness of the market.
A significant market share, especially in a crowded or competitive field, can strongly indicate that the invention has commercial success attributable to its unique features, supporting arguments for non-obviousness.
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