Evidence of Use (EoU) refers to documentation or materials that demonstrate how a patented invention or trademark is being used in commerce. In the context of patents, EoU is often submitted to the United States Patent and Trademark Office (USPTO) to prove that a patented technology is actively being utilized, which can be critical in litigation, licensing, or enforcement scenarios. For trademarks, EoU shows that a mark is being used in connection with goods or services, which is required to maintain trademark rights.
Brochures, user manuals, or product catalogs that showcase the patented technology or trademark in use.
Invoices, receipts, or sales records proving commercial use of the patented product or service.
Advertisements, websites, or social media posts that highlight the patented technology or trademark.
Images or videos demonstrating the product or service in action.
Customer feedback or detailed examples of how the invention or trademark is being used.
EoU is critical in proving infringement cases, where the patent holder must show how the patented technology is being used by the alleged infringer.
For trademarks, EoU is required to file a "Declaration of Use" with the USPTO to maintain registration.
EoU can strengthen a patent holder’s position when negotiating licensing deals by demonstrating the commercial value of the invention.
EoU helps in assessing the monetary worth of a patent by showing its real-world application and market penetration.
EoU provides concrete proof of how a patent or trademark is being used, making it easier to enforce IP rights.
For trademarks, EoU is mandatory to keep the registration active, preventing cancellation due to non-use.
Demonstrating active use of a patent or trademark can deter competitors and establish market dominance.
EoU adds credibility to a patent or trademark, making it more attractive to potential licensees or buyers.
In 2022, over 3,500 patent cases were filed in U.S. district courts, with EoU playing a pivotal role in 60% of these cases.
The USPTO received over 700,000 trademark applications in 2023, with a 15% increase in requests for EoU submissions to combat fraudulent filings.