How does the USPTO evaluate ‘synergistic effects’ as evidence of unexpected results?
How does the USPTO evaluate ‘synergistic effects’ as evidence of unexpected results?
The USPTO considers synergistic effects as a potential form of unexpected results, which can be used to support patentability. According to MPEP 716.02(a)(I):
“Evidence of a greater than expected result may also be shown by demonstrating an effect which is greater than the sum of each of the effects taken separately (i.e., demonstrating ‘synergism’).”
To successfully argue synergism as unexpected results:
- Provide clear, quantitative data showing the synergistic effect
- Demonstrate that the effect is greater than the sum of the individual components
- Explain why this synergy is unexpected based on the prior art
- Ensure the synergistic effect is commensurate in scope with the claims
It’s important to note that mere additive effects are not considered synergistic. The combined effect must be significantly greater than what would be expected from the individual components to be considered truly synergistic and potentially unexpected.
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