What are the Graham Factors used for?

The Graham Factors are specifically utilized to assess whether a claimed invention is obvious in the context of patentability, aligning directly with the requirements set forth in Section 103 of the U.S. Patent Act. These factors provide a framework for evaluating obviousness by considering elements such as the scope and content of the prior art, the differences between the prior art and the claims at hand, the level of ordinary skill in the pertinent art, and any secondary considerations that could indicate non-obviousness, such as commercial success or long-felt but unsolved needs.

The emphasis on these factors ensures that examiners and courts take a comprehensive approach to determining obviousness, which is one of the key requirements for granting a patent. Therefore, the recognition of Graham Factors as a benchmark for obviousness illustrates their crucial role in patent examination and litigation.