How does the USPTO define ‘long-felt need’ in patent examination?

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 USPTO defines ‘long-felt need’ as a persistent problem or demand in an industry that has not been solved for an extended period. According to MPEP 716.04, ‘The failure to solve a long-felt need may be due to factors such as lack of interest or lack of appreciation of an invention’s potential or marketability.’ To establish long-felt need, an applicant must demonstrate:

• The need was persistent and recognized by those of ordinary skill in the art.
• The need was not solved by another before the invention.
• The invention effectively solves the need.