What is the significance of synergism in demonstrating unexpected results for patents?
Synergism can be a powerful way to demonstrate unexpected results in patent applications, potentially supporting nonobviousness. According to MPEP 716.02(a):
Evidence of a greater than expected result may also be shown by demonstrating an effect which is greater than the sum of each of the effects taken separately (i.e., demonstrating “synergism”).
However, it’s crucial to note that synergism alone may not be sufficient to overcome an obviousness rejection. The MPEP further states:
However, a greater than additive effect is not necessarily sufficient to overcome a prima facie case of obviousness because such an effect can either be expected or unexpected.
Key points to consider when using synergism as evidence of unexpected results:
- The synergistic effect must be unexpected or surprising based on the prior art.
- The magnitude of the synergism should be significant and practically advantageous.
- Applicants must show that the results were greater than expected to an unobvious extent.
When presenting evidence of synergism, it’s important to provide clear comparative data and explain why the observed synergy would not have been expected by one skilled in the art based on the teachings of the prior art.
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