What is the significance of copying in patent law?

Copying can be a form of secondary evidence in patent law, particularly relevant to nonobviousness considerations. According to MPEP 716.06, “competitors in the marketplace are copying the invention instead of using the prior art” can be evidence presented during prosecution or litigation. The Federal Circuit has established that “copying by a competitor may be a relevant consideration in the secondary factor analysis” (Iron Grip Barbell Co. v. USA Sports, Inc., 392 F.3d 1317, 1325).

To learn more:

• Copying
• Secondary Evidence
• Nonobviousness
• Patent Litigation