MPEP 2141: Determining Obviousness Under 35 U.S.C. 103

Answer in brief

MPEP 2141 sets out the obviousness framework: the four Graham v. John Deere factual inquiries, applied flexibly as the Supreme Court required in KSR v. Teleflex (2007). KSR rejected a rigid teaching-suggestion-motivation test while keeping Graham as the framework.

What MPEP 2141 covers

Every § 103 rejection rests on findings under the Graham inquiries.

Scope and content of the prior art (2141.01), including whether a reference is analogous art (2141.01(a)).
Differences between the prior art and the claimed invention (2141.02), considering the claim as a whole.
Level of ordinary skill in the art (2141.03).
Objective evidence of nonobviousness, also called secondary considerations, such as commercial success and unexpected results (2141, 716).

How examiners use it

The examiner resolves the Graham inquiries, then gives an articulated reason, often one of the KSR rationales in MPEP 2143, why the claimed invention would have been obvious.

On the patent bar

Know the Graham factors by heart and the four errors KSR identified in the Federal Circuit's rigid TSM test.

Read the full text

Official title: Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 [R-01.2024].

Read MPEP 2141 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2141.

Questions & answers

What are the Graham factors?

The scope and content of the prior art, the differences between the prior art and the claims, the level of ordinary skill in the art, and objective evidence of nonobviousness.

Sources for this entry

USPTO — MPEP § 2141 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2141.01(a): Analogous Art MPEP 2142: Prima Facie Obviousness MPEP 2143: The KSR Rationales for Obviousness

How the related websites connect

This is one of a coordinated collection of Wysebridge references. The related sites answer neighboring questions and share the same publisher entity, Wysebridge. They are not independent endorsements.

Best Patent Bar Review — Choosing a patent bar review course, compared on pass rate, price and method.
Patent Attorney Salary — What patent attorneys earn, by setting and career stage, with sources.
Patent Agent Salary — What patent agents earn without a law degree, and how pay grows.
Patent Bar Exams — The USPTO registration exam: format, fees, dates, past exams and practice.

Cite or share this entry

MPEP.net. “MPEP 2141: Determining Obviousness Under 35 U.S.C. 103.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2141/