What is the role of ‘comparative data’ in demonstrating unexpected results for patent applications?
What is the role of ‘comparative data’ in demonstrating unexpected results for patent applications?
Comparative data plays a crucial role in demonstrating unexpected results for patent applications. The MPEP 716.02(b) states:
“Evidence of unexpected results must be weighed against evidence supporting prima facie obviousness in making a final determination of the obviousness of the claimed invention. In re May, 574 F.2d 1082, 197 USPQ 601 (CCPA 1978).”
To effectively demonstrate unexpected results:
- Provide comparative data between the claimed invention and the closest prior art
- Ensure the comparison is done under the same conditions
- Show that the difference in results is statistically significant
- Explain why the results are unexpected or superior to those of the prior art
Comparative data helps establish that the claimed invention produces results that are both different from and superior to what one would expect based on the prior art, strengthening the case for non-obviousness.
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