How does the USPTO determine if a long-felt need existed before an invention?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 determines if a long-felt need existed before an invention by considering several factors: Duration of the need: The need must have been a persistent one that was recognized and existed for a long time before the invention. Efforts to solve: There should be evidence of substantial efforts by skilled artisans to solve the problem. Failure of others: Documented unsuccessful attempts by others to solve the problem can support the existence of a long-felt need. Recognition of the problem: The problem should have been recognized and acknowledged in the relevant field. As stated in MPEP 716.04 : Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution. The USPTO examines the evidence provided by the applicant to determine if these criteria are met. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Long-Felt Need and Failure of Others Affect Obviousness MPEP 716.04 Requirement for Objective Evidence of Long-Persisted Problem MPEP 716.04 Long-Felt Need Must Not Be Satisfied Before Invention MPEP 716.04 Affidavit Supporting Long-Felt Need Must Be Weighted Carefully MPEP 716.04 No Long-Felt Need Once Key Element Provided MPEP 716.04 Invention Requirement to Address Long-Felt Need MPEP 716.04 Required Requirement for Unsatisfied Long-Felt Need MPEP 716.04 Failure to Solve Long-Felt Need Not Due to Lack of Technical Knowledge MPEP 716.04 Permitted Failure to Solve Long-Felt Need Not Due to Lack of Technical Knowledge MPEP 716.04 Invention Must Address Unmet Demand MPEP 716.04 Prohibited Other Related FAQs 5 FAQs Collapse How can an applicant prove the existence of a long-felt...