Which of the following is NOT a Graham factor used to analyze obviousness?

The analysis of obviousness in patent law is primarily guided by the factors established in the Supreme Court case of Graham v. John Deere Co. The Graham factors help determine whether an invention is obvious, thereby influencing whether it meets the criteria for patentability under 35 U.S.C. § 103.

The factors include the comparison of the claimed invention to the prior art, which involves assessing how the invention stands in relation to existing knowledge in the field. Additionally, the consideration of secondary factors, such as commercial success, long-felt but unsolved needs, and failure of others, provides insights that may indicate non-obviousness. Lastly, the scope and content of the prior art are critically assessed to establish what knowledge was available before the patent at issue.

Determining product market share does not fall under the Graham factors related to the analysis of obviousness. While market share may be relevant in assessing commercial success as a secondary factor, it is not one of the primary Graham factors used to establish whether an invention is obvious or non-obvious in terms of its technical features and prior art context. Thus, focusing on the defined Graham factors is essential for correctly analyzing obviousness in patent examinations.