Copying can be persuasive evidence of nonobviousness in patent law. MPEP 716.06 cites several cases where evidence of copying was found to be persuasive: When an alleged infringer tried for a substantial length of time to design a similar product or process but failed and then copied the claimed invention (Dow Chem. Co. v. American…

According to MPEP 716.06, there are situations where alleged copying is not persuasive of nonobviousness: When the copy is not identical to the claimed product When the other manufacturer had not expended great effort to develop its own solution (Pentec, Inc. v. Graphic Controls Corp.) When the basic concepts were developed prior to learning of…