How does long-felt need impact patent examinations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Long-felt need can be a powerful factor in patent examinations, particularly when addressing obviousness rejections. MPEP 716.04 explains: Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution. To effectively demonstrate long-felt need: Show the need was persistent and recognized by those of ordinary skill in the art Prove the need was not solved by another before the applicant’s invention Demonstrate that the invention actually satisfies the long-felt need Applicants should provide historical evidence, industry publications, or expert testimony to support claims of long-felt need. This evidence can help overcome obviousness rejections by showing that the invention was not obvious to those skilled in the art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Objective Evidence of Long-Persisted Problem MPEP 716.04 No Long-Felt Need Once Key Element Provided MPEP 716.04 Long-Felt Need and Failure of Others Affect Obviousness MPEP 716.04 Long-Felt Need Must Not Be Satisfied Before Invention MPEP 716.04 Declaration Can Replace Affidavit in Patent Applications MPEP 716 Persistent Problem Recognized by Art MPEP 716.04 Required Requirement for Unsatisfied Long-Felt Need MPEP 716.04 Invention Requirement to Address Long-Felt Need MPEP 716.04 Required Failure to Solve Long-Felt Need Not Due to Lack of Technical Knowledge MPEP 716.04 Permitted Failure to Solve Long-Felt Need Not Due to Lack of Technical Knowledge MPEP 716.04 Other Related FAQs 5 FAQs Collapse How can an applicant prove the existence of a long-felt need in patent applications? What is the role of s...