How does ‘long-felt need’ relate to non-obviousness in patent law?
‘Long-felt need’ is an important factor in establishing non-obviousness of an invention in patent law. According to MPEP 716.04:
‘Long-felt need is analyzed as of the date the problem is identified and articulated, and there is evidence of efforts to solve that problem, not as of the date of the most recent alleged improvement.’
The relationship between long-felt need and non-obviousness is based on the premise that if a need has existed for a long time without being solved, it suggests that the solution was not obvious to those skilled in the art. To effectively use long-felt need as evidence of non-obviousness:
- The need must have been a persistent one that was recognized by those in the field.
- The need must not have been satisfied by another before the invention under consideration.
- The invention must actually satisfy the long-felt need.
Demonstrating these factors can help overcome obviousness rejections by showing that the invention was not an obvious solution to those skilled in the art.
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