What information can examiners request about the invention’s commercial success?
What information can examiners request about the invention’s commercial success?
Patent examiners can request various types of information related to an invention’s commercial success. According to MPEP 704.11, this may include:
‘Information concerning the success of the invention, including licenses, sales, and advertising.’
Specifically, examiners might ask for:
- Sales figures for products embodying the claimed invention
- Information about licensing agreements related to the invention
- Marketing and advertising materials showcasing the invention’s success
- Customer testimonials or reviews
- Market share data for the invention in its relevant field
This information is particularly relevant when considering secondary considerations of non-obviousness, which can be important in overcoming prior art rejections under 35 U.S.C. 103.
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