2.5.3.10.6 Commercial Success

Date Published

Commercial success is indicative (but not conclusive) of an inventive step:

"Commercial success can never of itself be decisive of inventiveness but it is a material matter, the weight of which must be determined by reference to all the surrounding circumstances."

Meyers Taylor Pty Ltd v Vicarr Industries Ltd (1977) CLR 228 at page 239.

and:

"Commercial success is, of course, not of itself conclusive on an issue of obviousness, but it has been treated in case after case as a valuable weight in favour of the patent."

General Tire & Rubber Company v Firestone Tyre and Rubber Company Ltd [1972] RPC 457 at page 503.