How is market share considered in proving commercial success for patent applications?
How is market share considered in proving commercial success for patent applications?
Market share is an important factor in demonstrating commercial success for patent applications. According to MPEP 716.03(b):
“An applicant must show that the claimed invention has been a commercial success by providing evidence of both commercial success and that the success was derived from the claimed invention.”
To effectively use market share as evidence:
- Provide data showing significant market share gains
- Demonstrate a clear link between market share increase and the claimed invention
- Compare market share to competitors or previous products
- Include sales figures and market size information to contextualize the share
Remember, market share alone is not sufficient; it must be shown that the success is due to the claimed invention’s unique features.
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