How do secondary considerations affect design patent obviousness analysis?

Secondary considerations, also known as objective indicia of nonobviousness, play an important role in design patent obviousness analysis. The MPEP discusses their relevance:

“Secondary considerations, such 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.“

Key points about secondary considerations in design patents:

• They can provide evidence of nonobviousness, especially in close cases.
• Common secondary considerations include commercial success, copying by others, and praise in the industry.
• There must be a nexus between the claimed design and the secondary considerations.
• While important, they do not automatically overcome a strong prima facie case of obviousness.

When presenting or evaluating secondary considerations, it’s crucial to establish a clear connection between the specific design features and the objective evidence of nonobviousness.

To learn more:

• secondary considerations
• design patent obviousness
• objective indicia
• patent examination