How does commercial success relate to patent nonobviousness?
Commercial success can be used as evidence of nonobviousness in patent applications, but it must be directly related to the claimed invention. The MPEP 716.01(b) states:
“The term “nexus” designates a factually and legally sufficient connection between the objective evidence of nonobviousness and the claimed invention so that the evidence is of probative value in the determination of nonobviousness.”
To use commercial success as evidence:
- The success must be directly attributable to the unique features of the invention
- There must be a clear link between the commercial success and the claimed elements
- Other factors, such as marketing or unrelated features, should not be the primary cause of success
Examiners will evaluate the evidence to ensure that the commercial success is genuinely due to the inventive aspects of the patent application.
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