What evidence is required when claiming discovery of a problem’s source?
When claiming to have discovered the source of a problem as a basis for patentability, applicants must provide substantiating evidence. The MPEP 2141.02 states:
“Applicants who allege the inventor discovered the source of a problem must provide evidence substantiating the allegation, either by way of affidavits or declarations, or by way of a clear and persuasive assertion in the specification.”
This requirement ensures that claims of problem source discovery are properly supported. Mere statements by counsel are insufficient. Inventors should provide concrete evidence in the form of sworn statements (affidavits or declarations) or clear explanations in the patent specification that demonstrate how they identified the problem source. This evidence helps establish the non-obviousness of the invention by showing that the inventor’s insight went beyond what was known in the prior art.
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