What is the significance of long-felt need in patent examination?
The significance of long-felt need in patent examination lies in its ability to demonstrate non-obviousness of an invention. According to MPEP 716.04, “Evidence of a long-felt need may be presented for purposes of rebutting a prima facie case of obviousness.” Long-felt need is particularly valuable when:
- The need has been recognized and persistent
- The need has not been satisfied by another before the applicant’s invention
- The invention actually satisfies the long-felt need
Demonstrating these factors can help establish that an invention is not obvious and thus potentially patentable.
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