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