What is the ‘nexus’ requirement for commercial success in patent applications?
The ‘nexus’ requirement is crucial when asserting commercial success as evidence of non-obviousness in patent applications. According to MPEP 716.03(a):
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.
To establish a nexus, an applicant must show that:
- The commercial success is directly derived from the unique characteristics of the claimed invention
- The success is not due to external factors like advertising or business acumen
- The successful product embodies the claimed features and is coextensive with them
The nexus must be proven by the applicant, and mere assumptions or conclusory statements are insufficient. Examiners will evaluate the evidence to ensure a proper nexus exists before considering commercial success as support for non-obviousness.
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