What are ‘synergistic effects’ in the context of unexpected results for patent applications?
What are ‘synergistic effects’ in the context of unexpected results for patent applications?
‘Synergistic effects’ refer to a combined effect of multiple components that is greater than the sum of their individual effects. In patent applications, demonstrating synergistic effects can be powerful evidence of unexpected results. The MPEP 716.02(a)(I) states:
“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’).”
Key points about synergistic effects in patent applications:
- They can provide strong evidence of non-obviousness
- The effect must be unexpected or surprising to a person skilled in the art
- Quantitative evidence is typically required to demonstrate synergy
- The synergistic effect should be significant and not merely an additive effect
- The claimed invention should be compared to the individual components and their predicted combined effect
Demonstrating synergistic effects can be particularly valuable in fields like chemical compositions, pharmaceutical formulations, or combined treatments where the interaction of components may lead to unexpected improvements.
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