What is the framework for determining obviousness under 35 U.S.C. 103?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The framework for determining obviousness under 35 U.S.C. 103 is based on the Graham v. John Deere Co. case. The Supreme Court in KSR reaffirmed this framework, which includes the following factual inquiries:

• The scope and content of the prior art
• The differences between the claimed invention and the prior art
• The level of ordinary skill in the pertinent art
• Objective evidence of nonobviousness (secondary considerations)

As stated in the MPEP: “As reiterated by the Supreme Court in KSR, the framework for the objective analysis for determining obviousness under 35 U.S.C. 103 is stated in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966).”

This framework provides a structured approach for examiners and courts to analyze obviousness rejections.