How does the USPTO evaluate evidence of utility in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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 evaluation of utility evidence in patent applications is guided by specific sections of the MPEP. As mentioned in MPEP 716.08 : “See MPEP § 2107.02, for guidance on when it is proper to require evidence of utility or operativeness, and how to evaluate any evidence which is submitted to overcome a rejection under 35 U.S.C. 101 for lack of utility.” The USPTO evaluates such evidence based on established legal precedents and examination guidelines. Examiners consider factors such as the nature of the invention, the level of predictability in the art, and the sufficiency of the evidence provided. The goal is to ensure that the claimed invention has a credible, specific, and substantial utility as required by 35 U.S.C. 101 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Specific Rejection Under 35 U.S.C. 101 Must Be Supported MPEP 2107.02 Requirement for Specific and Substantial Utility of Invention MPEP 2107.02 Requirement for Specific and Substantial Utility Description MPEP 2107.02 Recommended Requirement for Specific and Substantial Utility MPEP 2107.02 Permitted Requirement for Specific and Substantial Utility MPEP 2107.02 Recommended Evaluation of Utility Statements Must Start with Logic Check MPEP 2107.02 Required Evidence of Utility Does Not Need to Be Statistically Certain MPEP 2107.02 Required Credible Utility Notch Prohibits Lack of Utility Rejection MPEP 2107.02 Declaration Can Replace Affidavit in Patent Applications MPEP 716 Assertion of Utility Creates Presumption Satisfying Section 101 Utility Requirement MPEP 2107.02 Other Related FAQs 5 FAQs Collapse How does the USPTO handle rejections based on lack of utility? When can a patent examiner requ...