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.

C.J.S. Patents §§ 87–88, 98–99.] [Blacks Law 8^th]