What is the “incredible utility” standard in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The “incredible utility” standard is a principle used by the USPTO to assess the credibility of an invention’s utility claim. According to MPEP 2107.01 : “Credibility is assessed from the perspective of one of ordinary skill in the art in view of the disclosure and any other evidence of record (e.g., test data, affidavits or declarations from experts in the art, patents or printed publications) that is probative of the applicant’s assertions.” An assertion of utility may be deemed “incredible” if it contradicts known scientific principles or is not supported by the totality of evidence available to a person skilled in the relevant field. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inoperative Utility Not Supported by Facts MPEP 2107.01 Credible Utility Assertion Required MPEP 2107 Required Assertion of Specific Utility Required for Patentability MPEP 2107 Required Provide Evidence of Established Utility MPEP 2107 Required Review Procedure for Utility Requirement MPEP 2107 Required Assertion of Specific and Substantial Utility Must Be Credible MPEP 2107.01 Evidence of Same General Pharmaceutical Activity Required for Analog Claims MPEP 2107.01 Guidelines for Examination of Utility Requirements Are Not Substantive Rules MPEP 2107 One Credible Utility Assertion Per Invention Required MPEP 2107 Required No Credible Utility, No Patent MPEP 2107 Required Other Related FAQs 5 FAQs Collapse What are the four purposes of 35 U.S.C. 101? What is the relationship between 35 U.S.C. 101 and 35 U.S.C. 112(a) in utility rejections? What is the role of &#8220;specific and substantial utility&#8221; in patent applications? What is the &#8220;specific utility&#8221; requiremen...