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Simple English definitions for legal terms
secondary consideration
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A quick definition of secondary consideration:
Secondary consideration refers to a factor that is not the main reason for something, but still has an impact on it. It is something that is taken into account after the primary factors have been considered. For example, if someone is buying a car, the primary factors they might consider are the price, the make and model, and the features. However, a secondary consideration might be the color of the car or the reputation of the dealership. These factors are not the most important, but they can still influence the decision.
A more thorough explanation:
Definition: Secondary consideration refers to factors that are not directly related to the invention itself, but may still be considered when evaluating its patentability. These factors can include commercial success, long-felt but unsolved needs, and unexpected results.
Examples:
- Commercial success: If a product has been successful in the market, this can be considered a secondary factor in determining its patentability. For example, if a new type of smartphone has sold millions of units and has become a cultural phenomenon, this could be seen as evidence that the invention is novel and non-obvious.
- Long-felt but unsolved needs: If there has been a long-standing problem in a particular industry or field, and an invention comes along that solves that problem, this can be considered a secondary factor in determining its patentability. For example, if a new type of battery is invented that lasts much longer than previous batteries, and there has been a need for such a battery for many years, this could be seen as evidence that the invention is novel and non-obvious.
- Unexpected results: If an invention produces unexpected or surprising results, this can be considered a secondary factor in determining its patentability. For example, if a new type of fertilizer is invented that not only increases crop yields, but also makes the crops more resistant to pests, this could be seen as evidence that the invention is novel and non-obvious.
These examples illustrate how secondary considerations can be used to support the patentability of an invention, even if the invention itself may not be completely novel or non-obvious on its own.