What is the difference between 35 U.S.C. 102 and 35 U.S.C. 103 in relation to secondary considerations?

The key difference between 35 U.S.C. 102 and 35 U.S.C. 103 in relation to secondary considerations lies in their applicability: 35 U.S.C. 102 (Novelty): Secondary considerations are not relevant and cannot overcome rejections based on this section. 35 U.S.C. 103 (Non-obviousness): Secondary considerations can be used to support non-obviousness arguments. MPEP 2131.04 states: “Evidence of…

Read More