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Secondary considerations

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U.S. patent law Edit

Secondary considerations refers to objective evidence of the actual marketplace setting in which an invention was made. This evidence is relevant to deciding whether an invention is nonobvious. In Graham v. John Deere Co.,[1] the U.S. Supreme Court noted that:

Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented. As indicia of obviousness or nonobviousness, these inquiries may have relevancy.

References Edit

  1. 383 U.S. 1 (1966)(full-text).

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