MPEP § 2131.04 — Secondary Considerations (Annotated Rules)
§2131.04 Secondary Considerations
This page consolidates and annotates all enforceable requirements under MPEP § 2131.04, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Secondary Considerations
This section addresses Secondary Considerations. Primary authority: 35 U.S.C. 102. Contains: 1 prohibition.
Key Rules
35 U.S.C. 102 – Novelty / Prior Art
Evidence of secondary considerations, such as unexpected results or commercial success, is irrelevant to 35 U.S.C. 102 rejections and thus cannot overcome a rejection so based. In re Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 425 (CCPA 1973).
Citations
| Primary topic | Citation |
|---|---|
| 35 U.S.C. 102 – Novelty / Prior Art | 35 U.S.C. § 102 |
| 35 U.S.C. 102 – Novelty / Prior Art | In re Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 425 (CCPA 1973) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2131.04 — Secondary Considerations
Source: USPTO2131.04 Secondary Considerations [R-08.2012]
Evidence of secondary considerations, such as unexpected results or commercial success, is irrelevant to 35 U.S.C. 102 rejections and thus cannot overcome a rejection so based. In re Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 425 (CCPA 1973).