Legal Definitions - secondary devise

In patent law, a secondary factor refers to objective evidence that courts consider when determining whether an invention is truly innovative and not obvious to someone with ordinary skill in the relevant field. These factors provide real-world indicators that support the argument that an invention represents a significant step forward, rather than a simple or predictable modification of existing technology. They help demonstrate that an invention required more than just routine skill to create.

Common secondary factors include:

• Commercial success: The invention achieved significant market success.
• Long-felt but unsolved need: There was a recognized problem or need that others in the field had tried and failed to solve for a long time.
• Failure of others: Other skilled individuals or companies attempted to solve the problem but were unsuccessful.
• Unexpected results: The invention produced results that were surprising or superior to what would have been expected by those skilled in the art.

Here are some examples illustrating how secondary factors are applied:

• Example 1: Pharmaceutical Breakthrough

  A pharmaceutical company develops a new drug compound that effectively treats a rare autoimmune disease. For decades, medical researchers worldwide had struggled to find a safe and effective treatment, with numerous promising compounds failing in clinical trials due to severe side effects or lack of efficacy. Upon its release, the new drug quickly becomes the standard of care, generating billions in sales and significantly improving patients' quality of life.

  How it illustrates the term: The long history of failed attempts by other researchers to find a treatment demonstrates a long-felt but unsolved need and the failure of others. The drug's rapid and widespread adoption, along with its significant sales, clearly shows commercial success. These factors collectively suggest that the invention was not obvious to those skilled in the medical field.

• Example 2: Advanced Battery Technology

  An inventor creates a novel battery design that allows electric vehicles to charge in minutes rather than hours, while also extending their range by 50%. Prior to this, engineers across the globe had been incrementally improving battery performance, but no one had achieved such a dramatic leap in both charging speed and energy density simultaneously. Industry experts express astonishment at the simplicity and effectiveness of the new design, which was previously thought to be impossible with existing materials.

  How it illustrates the term: The fact that numerous skilled engineers had only achieved incremental improvements, while this invention made a significant leap, points to the failure of others to achieve such results. The surprise and admiration from industry experts, coupled with the dramatic improvements in performance (fast charging and extended range), highlight the unexpected results of the invention, indicating its non-obvious nature.

• Example 3: Eco-Friendly Building Material

  A construction materials company introduces a new type of insulation made from recycled agricultural waste. For years, the construction industry had sought sustainable, high-performance insulation alternatives to traditional fiberglass or foam, but existing eco-friendly options often compromised on fire resistance or thermal efficiency. The new material not only outperforms conventional insulation in energy savings but also boasts superior fire ratings and is fully biodegradable. Competitors quickly attempt to reverse-engineer the product, and it wins multiple environmental innovation awards.

  How it illustrates the term: The long-standing search for sustainable insulation without performance compromises indicates a long-felt but unsolved need. The new material's superior performance in multiple aspects (energy savings, fire resistance, biodegradability) represents unexpected results compared to previous attempts. The competitors' efforts to copy the product and the industry awards further underscore its commercial success and innovative impact, suggesting it was not obvious.