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