How does the scope of commercial success evidence relate to patent claims?

The scope of commercial success evidence must be commensurate with the scope of the patent claims. The MPEP states:

Objective evidence of nonobviousness including commercial success must be commensurate in scope with the claims.

(MPEP 716.03(a))

This means that the commercial success must be due to the features claimed in the patent application, not unclaimed features. The evidence should demonstrate that the success is attributable to the specific elements and scope of the invention as defined in the claims.

To learn more:

• Commercial Success
• Scope of Claims
• Patent Application
• Nonobviousness