Which pieces of evidence can contribute to secondary considerations of obviousness?

Secondary considerations of obviousness are factors that can provide evidence to support non-obviousness in patent evaluations. These considerations can help demonstrate that an invention is not merely an obvious improvement over prior art.

The elements contributing to secondary considerations include:

• Commercial success: If a product has achieved significant commercial success, it may indicate that the invention fulfills a market need or demand that was previously unmet. This commercial traction can suggest that the invention offers meaningful benefits over existing products, supporting its non-obviousness.

• Long-felt needs: When an invention addresses a problem that has existed in the industry for a long time without a satisfactory solution, it suggests that the invention was neither obvious nor trivial. The existence of a long-felt need can highlight the importance and innovative aspect of the solution the patent provides.

• Failures of others: If others in the industry have attempted to solve the same problem but failed, it can underscore the inventive step of the patent. These failures bolster the argument that the claimed invention is not something that would have been obvious to someone skilled in the art.

Each of these factors reinforces the argument against obviousness by showing that the invention has succeeded in areas that suggest it has merits beyond what is taught by prior art, hence making the