What is the importance of ‘nexus’ in commercial success arguments for patents?
What is the importance of ‘nexus’ in commercial success arguments for patents?
‘Nexus’ is crucial in commercial success arguments for patents as it establishes a direct link between the claimed invention and its market success. The MPEP 716.03 states:
The term ‘nexus’ designates a factually and legally sufficient connection between the evidence of commercial success and the claimed invention so that the evidence is of probative value in the determination of nonobviousness.
Without a proven nexus, commercial success evidence may be deemed irrelevant to patentability. To establish nexus:
- The success must be directly attributable to the unique characteristics of the claimed invention.
- Applicants must show that the success is not due to other factors like marketing, prior art features, or business acumen.
- The commercially successful product must embody the claimed features.
A strong nexus can significantly strengthen an argument for non-obviousness, making it a critical component in overcoming patent rejections based on commercial success.
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