Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
What are the Graham factors in patent obviousness analysis?
The Graham factors, established by the Supreme Court in Graham v. John Deere Co., are four key considerations used in determining obviousness under 35 U.S.C. 103. These factors are:
- The scope and content of the prior art
- The differences between the prior art and the claimed invention
- The level of ordinary skill in the pertinent art
- Objective evidence of nonobviousness (secondary considerations)
As stated in MPEP 2141: “The Graham factual inquiries … are to be considered when making a determination of obviousness.” Examiners must consider these factors when evaluating whether a claimed invention is obvious in light of the prior art.
To learn more:
Topics:
MPEP 2100 – Patentability,
MPEP 2141 – Examination Guidelines For Determining Obviousness Under 35 U.S.C. 103,
Patent Law,
Patent Procedure