What is the role of skepticism in establishing long-felt need for a patent?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.