SECONDARY FACTOR

secondary factor. (usu. pl.) Patents. Objective evidence that courts consider in determining a patent claim’s nonobviousness. • Secondary factors include “commercial success, long-felt but unsolved need, failure of others, and unexpected results.” Graham v. John Deere Co., 383 U.S. 1, 17–18, 86 S.Ct. 684, 694 (1966). — Also termed secondary consideration. [Cases: Patents 36. 1. […]