What is the nexus requirement for commercial success in patent applications?
The nexus requirement for commercial success in patent applications refers to the need for a factually and legally sufficient connection between the evidence of commercial success and the claimed invention. As stated in the MPEP, 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.
(MPEP 716.03)
This means that applicants must demonstrate that the commercial success is directly attributable to the features of the claimed invention, rather than other factors such as marketing or brand recognition.
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