2019 IP Academy Series: Presenting Technical Data to the USPTO

Friday, November 8, 2019

Please join us to discuss best practices in presenting evidence of secondary considerations to the USPTO. We will also discuss the factual determinations and analysis used to resolve questions of obviousness under both US and Japanese law.


  • Review and comparison of US and Japanese legal standards for obviousness and secondary consideration
  • Recent cases regarding secondary consideration
  • Practical tips for how to present and argue secondary consideration to the USPTO

When the US Patent and Trademark Office (USPTO) evaluates the obviousness of an invention, evidence referred to as ‘‘secondary considerations’’ must be considered. Such evidence and evidence of nonobviousness include unexpected and advantageous technical properties or results of an invention, evidence of commercial success with nexus to an invention, long-felt but unsolved needs in the relevant field, others’ failures, and industry copying. Presenting such evidence may not be easy when an invention involves complex technology.


For more information, please email Janice Logan or call +1.202.739.5234.