What is the significance of ‘failure of others’ in patent examinations?
What is the significance of ‘failure of others’ in patent examinations?
The ‘failure of others’ is a crucial factor in patent examinations, particularly when assessing non-obviousness. It provides strong evidence that the invention was not obvious to those skilled in the art. The MPEP states:
The failure of others to provide a feasible solution to the long-standing problem is evidence of nonobviousness.
Demonstrating that others have tried and failed to solve the problem can:
- Highlight the inventive nature of the solution
- Show that the invention was not obvious to experts in the field
- Strengthen the argument for patentability
When combined with evidence of long-felt need, the failure of others can be particularly persuasive in overcoming obviousness rejections during patent examination.
To learn more: