What is the role of skepticism in establishing long-felt need for a patent?
Skepticism from experts in the field can play a significant role in establishing long-felt need for a patent. The MPEP 716.04 indirectly addresses this concept when discussing the failure of others:
“The failure of others to provide a feasible solution to the long-standing problem is evidence of the non-obviousness of the claimed invention.”
Skepticism is relevant because:
- It demonstrates that experts in the field doubted the feasibility of the solution
- It suggests that the invention was not obvious to those skilled in the art
- Overcoming skepticism highlights the inventive nature of the solution
When presenting evidence of long-felt need, documenting initial skepticism from industry experts, followed by the invention’s success, can strongly support the argument for non-obviousness. This skepticism should be well-documented and come from credible sources within the relevant field.
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