Secondary Considerations

1 topic · 2 sources

Patent

Objective evidence of non-obviousness. MPEP 2141, MPEP 716.01(a).

Robert M. Hunter, Ph.D. — Glossary of Patent Terms

Objective evidence of the actual marketplace setting in which an invention was made. This evidence is relevant to deciding whether an invention is unobvious. Categories of such evidence would include commercial success of the claimed invention, long-felt need that was met by the invention, unexpected results achieved by the invention, failure of others to make the invention, and copying of the invention by others.

Arnold Silverman and George Stacey — Understanding "Patentese" - A Patent Glossary