MPEP 716: Declarations and Unexpected Results

Answer in brief

MPEP 716 covers evidence applicants submit to overcome rejections, usually a declaration under 37 CFR 1.132. Objective evidence such as unexpected results, commercial success, long-felt need, failure of others and skepticism of experts must be considered, but only if it has a nexus to the claims and is commensurate in scope with them.

What MPEP 716 covers

Evidence, not argument, is what usually overcomes a strong obviousness rejection.

Objective evidence of nonobviousness (716.01(a)) and the nexus requirement (716.01(b)).
Unexpected results (716.02): must actually be unexpected, compared against the closest prior art, and commensurate in scope with the claims.
Commercial success (716.03), long-felt need and failure of others (716.04), skepticism of experts (716.05).

How examiners use it

If a declaration is insufficient, the examiner must explain why, for example lack of nexus or results not commensurate in scope.

On the patent bar

Know the nexus and commensurate-in-scope requirements.

Read the full text

Official title: Affidavits or Declarations Under 37 CFR 1.132 and Other Evidence Traversing Rejections [R-07.2022].

Read MPEP 716 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 716.

Questions & answers

What are unexpected results?

Evidence that the claimed invention performs differently, in kind or degree, from what the closest prior art would have led one to expect. Under MPEP 716.02 it must be commensurate in scope with the claims.

Sources for this entry

USPTO — MPEP § 716 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2145: Rebutting an Obviousness Rejection MPEP 2144.05: Overlapping Ranges and Routine Optimization MPEP 2141: Determining Obviousness Under 35 U.S.C. 103

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Cite or share this entry

MPEP.net. “MPEP 716: Declarations and Unexpected Results.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-716/