What are the time considerations for establishing long-felt need in patents?

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.

Time considerations are crucial when establishing long-felt need in patent applications. The MPEP 716.04 provides guidance on this matter:

‘The long-felt need must not have been satisfied by another before the invention by applicant.’

Key time-related factors to consider include:

• Duration of the need: The need should have existed for a significant period before the invention.
• Date of problem identification: The analysis starts from when the problem was first identified and articulated.
• Evidence of ongoing efforts: There should be proof of continuous attempts to solve the problem over time.
• Invention date: The invention must have occurred before any other solution satisfied the need.
• Commercial success timing: If citing commercial success, it should be closely related to the invention’s introduction.

It’s important to provide a clear timeline that shows the persistent nature of the need and how the invention finally addressed it after a substantial period of unsolved demand.