How does commercial success relate to long-felt need in patent examination?
Commercial success can be a significant factor in supporting long-felt need during patent examination. The MPEP 716.04 provides insight into this relationship:
“In considering evidence of commercial success, care should be taken to determine that the commercial success alleged is directly derived from the invention claimed, in a marketplace where the consumer is free to choose on the basis of objective principles, and that such success is not the result of heavy promotion or advertising, shift in advertising, consumption by purchasers normally tied to applicant or assignee, or other business events extraneous to the merits of the claimed invention, etc.”
Key points to consider:
- Commercial success can indicate that the invention satisfies a long-felt need
- The success must be directly attributable to the claimed invention
- External factors like marketing or business relationships should not be the primary cause of success
When presenting commercial success as evidence of long-felt need, it’s crucial to establish a clear nexus between the invention’s features and its market performance.
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