Does commercial success affect an invention’s obviousness?

Description

Abstract: Federal patent law prohibits the patenting of inventions that are obvious. While prior art such as earlier patents are often cited as evidence of obviousness, so-called “secondary-consideration” evidence can sometimes support a finding of nonobviousness even in the face of prior art — but not always. This article reviews a recent ruling by the U.S. Court of Appeals for the Federal Circuit that illustrates the role of secondary considerations. Source: Yita LLC v. MacNeil IP LLC, No. 22-1373 (Fed. Cir. June 6, 2023).