What evidence is required to establish long-felt need in a patent application?
To establish long-felt need in a patent application, specific types of evidence are required. The MPEP 716.04 outlines the following key requirements:
- Objective evidence: The long-felt need must be supported by evidence, not just assertions.
- Persistent need: Show that the need has been recognized and persistent for a significant time.
- Unsuccessful attempts: Demonstrate that others have tried and failed to solve the problem.
- Satisfaction of the need: Prove that the invention actually satisfies the long-felt need.
The MPEP states: “Establishing long-felt need requires objective evidence that an art recognized problem existed in the art for a long period of time without solution.” This evidence can include industry reports, expert testimonies, or documented failed attempts by others in the field.
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