Graham v. John Deere Co. of Kansas City (United States Supreme Court383 U.S. 1, February 21, 1966)

Case Description

In this case, the U.S. Supreme Court established that the element of non-obviousness must be assessed with the help of the following factors: (1) the scope and content of prior art, (2) the differences between the prior art and the claims at issue and (3) the level of ordinary skill in the concerned art.  Furthermore, secondary considerations may be commercial success, long felt but unresolved needs or the failure of others to find a solution.

Decision Year
Pre-grant flexibilities