What is the significance of ‘greater than expected results’ in patent examination?
What is the significance of ‘greater than expected results’ in patent examination?
‘Greater than expected results’ can be a powerful argument for patentability during patent examination. The MPEP 716.02(a)(I) states:
“Greater than expected results are evidence of nonobviousness.”
This means that if an invention produces results that are significantly better than what would be expected based on the prior art, it can be used as evidence to overcome an obviousness rejection. However, it’s important to note that the results must be truly unexpected and not just slightly better than predicted.
To effectively use this argument:
- Provide clear, quantitative data showing the superiority of the claimed invention
- Explain why these results are unexpected in light of the prior art
- Ensure the results are commensurate in scope with the claims
Examiners will carefully scrutinize such evidence, so it’s crucial to present it clearly and compellingly.
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