What are the key factors in establishing long-felt need for a patent application?

Establishing long-felt need for a patent application requires consideration of three key factors:

• Persistent and recognized problem: There must be objective evidence that a recognized problem existed in the art for a long time without a solution. As stated in the MPEP, Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution. (MPEP 716.04)
• Unsatisfied need: The long-felt need must not have been satisfied by another before the invention. The MPEP cites the case Newell Companies v. Kenney Mfg. Co., where it was determined that [O]nce another supplied the key element, there was no long-felt need or, indeed, a problem to be solved.
• Invention satisfies the need: The invention must actually satisfy the long-felt need. This is supported by the case In re Cavanagh, as mentioned in the MPEP.

These factors are crucial in demonstrating that the claimed invention addresses a significant, unresolved problem in the field.

To learn more:

• Long-felt need
• Patent application
• Objective evidence
• Persistent problem
• Invention satisfaction