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

The correct response highlights that determining product market share is not one of the Graham factors utilized in the analysis of obviousness, as outlined in the landmark Supreme Court case Graham v. John Deere Co. The Graham factors specifically focus on the comparison of the claimed invention with prior art, the assessment of the scope and content of prior art, and the consideration of secondary factors such as commercial success, long-felt but unsolved needs, and failure of others.

These factors are crucial in evaluating whether a claimed invention is obvious. They help establish the context in which the invention was made and its implications in terms of innovation relative to existing knowledge. The analysis typically does not involve market share, as that metric pertains more to economic considerations and competitive analysis rather than to the technical merits and legal criteria for determining patentability.

Understanding these factors is essential for practitioners as they form the groundwork for evaluating the non-obviousness of inventions in the patent prosecution process.