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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Tags: long-felt need, patent applications, Time Considerations