What is the significance of gross sales figures in demonstrating commercial success for patents?
What is the significance of gross sales figures in demonstrating commercial success for patents?
Gross sales figures can be a powerful indicator of commercial success for patents, but they must be presented correctly. The MPEP 716.03(b) states:
“Gross sales figures do not show commercial success absent evidence as to market share, Cable Electric Products, Inc. v. Genmark, Inc., 770 F.2d 1015, 226 USPQ 881 (Fed. Cir. 1985), or as to the time period during which the product was sold, or as to what sales would normally be expected in the market, Ex parte Standish, 10 USPQ2d 1454 (Bd. Pat. App. & Inter. 1988).”
To effectively use gross sales figures:
- Provide context about the market size and share
- Include information about the sales period
- Compare sales to industry expectations or previous products
- Demonstrate a clear link between sales and the claimed invention
Remember, raw sales numbers alone are not sufficient to prove commercial success. They must be presented in a context that shows their significance relative to the market and the claimed invention’s unique features.
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