Does a prior art reference need to disclose utility to anticipate a claim?
No, a prior art reference does not need to disclose utility to anticipate a claim. The Manual of Patent Examining Procedure (MPEP) Section 2122 states:
“In order to constitute anticipatory prior art, a reference must identically disclose the claimed compound, but no utility need be disclosed by the reference.”
This means that if a prior art reference discloses the claimed compound and a process of making it, it can be considered anticipatory even if it doesn’t specify a use for the compound.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2122 - Discussion Of Utility In The Prior Art,
Patent Law,
Patent Procedure