How does licensing evidence support commercial success in patent cases?
How does licensing evidence support commercial success in patent cases?
Licensing evidence can be a powerful indicator of commercial success in patent cases. The MPEP 716.03(b)(II) provides guidance on this:
Licensing by itself could show commercial success if done with companies not related to the patentee, as long as the licensing clearly demonstrates that the invention was commercially successful, not just that there was commercial interest in it.
To effectively use licensing as evidence of commercial success:
- Unrelated licensees: Licenses to companies unrelated to the patentee carry more weight.
- Demonstrate success: Show that the licenses led to actual commercial success, not just interest.
- Quantity and quality: The number of licenses and the reputation of licensees matter.
- Terms: Favorable licensing terms can indicate the invention’s value.
- Nexus: Establish that the licensing is due to the merits of the claimed invention.
Remember, as with all commercial success evidence, there must be a clear nexus between the claimed invention and the licensing success.
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