What role do ‘properties of a claimed invention’ play in patent examination?

The properties of a claimed invention play a significant role in patent examination, particularly when assessing obviousness. According to MPEP 716.02(c):

‘The properties of a claimed invention must be shown to have a significance equal to or greater than the expected properties to rebut the evidence of obviousness.’

This means that:

• Both expected and unexpected properties are considered during examination
• The significance of these properties is crucial in determining patentability
• Unexpected properties must be sufficiently significant to overcome obviousness rejections
• Examiners assess the relative importance of all properties claimed or demonstrated

Inventors should focus on highlighting and demonstrating properties that are both unexpected and significantly important to strengthen their case for patentability.

To learn more:

• claimed invention properties
• patent examination
• obviousness
• unexpected properties