Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
According to the MPEP, the burden of proof for establishing a nexus between commercial success and the claimed invention lies with the applicant. The Federal Circuit has stated:
Consequently, the PTO must rely upon the applicant to provide hard evidence of commercial success.
This means that applicants asserting commercial success to support nonobviousness must provide concrete evidence demonstrating the connection between their claimed invention and its commercial success.