How does the USPTO weigh evidence of secondary considerations in patent applications?

The USPTO weighs evidence of secondary considerations in patent applications according to the guidance provided in MPEP 716.01(d). The key points are:

• Evidence of secondary considerations must be evaluated along with all other types of evidence.
• Secondary considerations alone cannot overcome a strong prima facie case of obviousness.
• The strength of each piece of evidence is considered individually.
• The examiner must consider the totality of the evidence before reaching a conclusion on obviousness.

As stated in the MPEP: ‘Although the record may establish evidence of secondary considerations which are indicia of nonobviousness, the record may also establish such a strong case of obviousness that the objective evidence of nonobviousness is not sufficient to outweigh the evidence of obviousness.’

To learn more:

• secondary considerations
• obviousness
• patent examination
• evidence weighing