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.


"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.