How does utility relate to reduction to practice in patent law?
Utility is a crucial aspect of reduction to practice in patent law. For an invention to be considered actually reduced to practice, it must have a known utility at the time of reduction. This means that the inventor must be aware of a practical application or use for the invention.
As stated in MPEP 2138.05: “Utility for the invention must be known at the time of the reduction to practice.”
It’s important to note that a probable utility may not be sufficient to establish reduction to practice. The MPEP clarifies: “A probable utility does not establish a practical utility, which is established by actual testing or where the utility can be ‘foretold with certainty.'”
However, the standard for utility can vary depending on the nature of the invention. For some inventions, particularly in the chemical and biotechnology fields, more rigorous testing may be required to establish utility and reduction to practice.
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