What types of evidence can be used to rebut an obviousness rejection?
The MPEP outlines several types of evidence that can be used to rebut an obviousness rejection:
- Evidence of unexpected results
- Evidence that the claimed invention yields unexpectedly improved properties or properties not present in the prior art
- Evidence that the claimed invention was copied by others
- Evidence of the state of the art, the level of skill in the art, and the beliefs of those skilled in the art
- Evidence of commercial success, long-felt but unsolved needs, and failure of others
As stated in MPEP 2145:
The evidence should be factually supported and should establish a nexus between the evidence and the claimed invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2145 - Consideration Of Applicant'S Rebuttal Arguments And Evidence,
Patent Law,
Patent Procedure