The Graham factors examine the scope of prior art, differences from the claims, the level of ordinary skill, and secondary considerations. KSR rejected rigid application of a teaching-suggestion-motivation requirement.
Secondary considerations may rebut obviousness.
Alternative Names:
Section 103|Obviousness Challenge
Why it Matters?
KSR expanded the analysis by permitting common sense and predictable variation reasoning, which made obviousness substantially more available than under the prior rigid framework requiring an explicit motivation to combine. Secondary considerations including commercial success and long-felt need remain the patentee's principal rebuttal, and requiring a nexus between the success and the claimed features is the response.
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Frequently asked questions
What did KSR change?
How are secondary considerations rebutted?
