What is the relationship between commercial success and patent nonobviousness?
Commercial success can be used as evidence of nonobviousness in patent applications. However, the Manual of Patent Examining Procedure (MPEP) 716.03(b) states that “care should be taken to determine that the commercial success alleged is directly derived from the invention claimed.” This means that there must be a clear nexus between the claimed invention and its commercial success.
The MPEP further explains:
“In ex parte proceedings before the Patent and Trademark Office, an applicant must show that the claimed features were responsible for the commercial success of an article if the evidence of nonobviousness is to be accorded substantial weight.”
This requirement ensures that the commercial success is not due to external factors unrelated to the invention’s merits.
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