How does the USPTO evaluate sales figures as evidence of commercial success?
The United States Patent and Trademark Office (USPTO) evaluates sales figures carefully when considering evidence of commercial success. According to MPEP 716.03(b):
“Gross sales figures do not show commercial success absent evidence as to market share, Cable Electric Products, Inc. v. Genmark, Inc., 770 F.2d 1015, 226 USPQ 881 (Fed. Cir. 1985), or as to the time period during which the product was sold, or as to what sales would normally be expected in the market, Ex parte Standish, 10 USPQ2d 1454 (Bd. Pat. App. & Inter. 1988).”
To effectively demonstrate commercial success using sales figures, applicants should provide:
- Market share data
- Time period of sales
- Context about normal sales expectations in the relevant market
This information helps the USPTO assess whether the sales figures truly represent exceptional commercial success attributable to the claimed invention.
To learn more: