What is objective evidence of nonobviousness in patent law?
Objective evidence of nonobviousness refers to specific types of evidence that can be presented to support the patentability of an invention under 35 U.S.C. 103. According to MPEP 716.01(a), this evidence includes:
- Criticality or unexpected results
- Commercial success
- Long-felt but unsolved needs
- Failure of others
- Skepticism of experts
The MPEP states: “Affidavits or declarations, when timely presented, containing evidence of criticality or unexpected results, commercial success, long-felt but unsolved needs, failure of others, skepticism of experts, etc., must be considered by the examiner in determining the issue of obviousness of claims for patentability under 35 U.S.C. 103.” This evidence is crucial in demonstrating that an invention is not obvious and therefore potentially patentable.
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