Is commercial success abroad relevant to patent applications in the United States?

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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. Yes, commercial success abroad is relevant to patent applications in the United States. The MPEP clearly states: Commercial success abroad, as well as in the United States, is relevant in resolving the issue of nonobviousness. ( MPEP 716.03 ) This means that applicants can use evidence of commercial success from both domestic and international markets to support their claims of nonobviousness in U.S. patent applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Evidence of Commercial Success Not Probative for Claims Subject to 103 Rejection MPEP 716.03 Applicant Must Provide Proof of Commercial Success MPEP 716.03 Required Nexus Required for Commercial Success Evidence MPEP 716.03 PTO Lacks Means to Verify Commercial Success Assertions MPEP 716.03 Evidence of Commercial Success Must Be Relevant to Design Features MPEP 1504.03 Evidence of Commercial Success Must Be Relevant to Design Features MPEP 1504.03 Oath or Declaration Required for Traversing Rejections MPEP 716 Required Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Publications May Serve as Evidence for Facts at Issue MPEP 716 Recommended Affidavits Must Be Made Under Oath MPEP 716 Other Related FAQs 5 FAQs Collapse What is the significance of commercial success in 37 CFR 1.132 affidavits? What is the significance of commercial success in patent applications? Who bears the burden of proof for establishing a nexus between commercial success and the claimed invention? How is commercial success evidence evaluated in patent cases? What is the nexus requirement for commercial success in patent applications?