What is the burden on applicants when presenting evidence of unexpected results?

According to MPEP 716.02(b), applicants have the burden of establishing that the differences in results are both unexpected and significant. The MPEP states:

“The evidence relied upon should establish ‘that the differences in results are in fact unexpected and unobvious and of both statistical and practical significance.'”

This means that applicants must not only show that the results are surprising but also demonstrate that they have real-world importance in the context of the invention.

To learn more:

• Unexpected results
• Patent prosecution
• Evidence in patent applications