How is long-felt need measured in patent examination?
In patent examination, long-felt need is measured from a specific point in time, as outlined in the MPEP:
Long-felt need is analyzed as of the date the problem is identified and articulated, and there is evidence of efforts to solve that problem, not as of the date of the most pertinent prior art references.
This principle is supported by the case Texas Instruments Inc. v. Int’l Trade Comm’n, as cited in MPEP 716.04.
To establish long-felt need, patent applicants should provide evidence that:
- The problem was identified and articulated at a specific date
- Efforts were made to solve the problem from that date onwards
- The need remained unsatisfied until the claimed invention
It’s important to note that the measurement starts from the problem identification date, not from the date of the most relevant prior art. This approach allows for a more accurate assessment of the invention’s impact on addressing a persistent issue in the field.
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