How does the time factor affect the assessment of long-felt need in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
The time factor plays a crucial role in assessing long-felt need for patent applications. The MPEP provides guidance on this aspect:
The long-felt need must not have been satisfied by another before the invention by applicant.
Key considerations regarding the time factor include:
- Duration of the need: The longer the need has existed, the stronger the case for non-obviousness.
- Persistence of the problem: Evidence that the problem remained unsolved over time strengthens the argument.
- Timing of the invention: The invention should address the need before others have solved it.
- Immediate success: Rapid adoption of the invention after its introduction can indicate it met a long-felt need.
Applicants should provide a clear timeline demonstrating the long-standing nature of the need and how their invention was the first to effectively address it.