What is the significance of ‘critical’ or ‘optimum’ ranges in patent claims?
What is the significance of ‘critical’ or ‘optimum’ ranges in patent claims?
‘Critical’ or ‘optimum’ ranges in patent claims are significant because they can potentially overcome a prima facie case of obviousness. According to MPEP 2144.05:
“The applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range.”
The significance of critical or optimum ranges includes:
- They can demonstrate non-obviousness even when the claimed range overlaps with prior art
- Showing unexpected results or criticality can rebut a prima facie case of obviousness
- The burden is on the applicant to prove the criticality of the claimed range
However, the MPEP also notes that merely carrying forward a known concept with a change in proportion or degree is generally not enough to establish patentability, unless the change produces a new and unexpected result.
To learn more:
Topics:
Amounts,
And Proportions,
MPEP 2100 - Patentability,
MPEP 2144.05 - Obviousness Of Similar And Overlapping Ranges,
Patent Law,
Patent Procedure