What is the relationship between questioned test results and operability or utility rejections?

When test results in a patent application are questioned, it may raise concerns about the operability or utility of the invention. The MPEP 707.07(l) addresses this connection:

If questions are present as to operability or utility, consideration should be given to the applicability of a rejection under 35 U.S.C. 101. See MPEP § 2107 et seq.

This means that if doubts about test results lead to concerns about whether the invention actually works (operability) or has a useful purpose (utility), the examiner should consider rejecting the application under 35 U.S.C. 101. This statute requires inventions to be useful and operable to be patentable. Examiners should refer to MPEP § 2107 for guidance on utility rejections.

To learn more:

• patent examination
• test results
• operability
• utility
• 35 U.S.C. 101

To learn more:

• 35 U.S.C. 101