How many specific utilities must an applicant assert for a claimed invention?
An applicant need only assert one credible specific utility for the claimed invention to satisfy the utility requirement under 35 U.S.C. 101 and 35 U.S.C. 112. The MPEP states: an applicant need only make one credible assertion of specific utility for the claimed invention to satisfy 35 U.S.C. 101 and 35 U.S.C. 112; additional statements of utility, even if not “credible,” do not render the claimed invention lacking in utility.
This means that if an applicant provides multiple utility statements for an invention, as long as one of them is credible and specific, the utility requirement is met. The presence of additional, non-credible utility statements does not negate the overall utility of the invention.
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Topics:
MPEP 2100 - Patentability,
MPEP 2107.02 - Procedural Considerations Related To Rejections For Lack Of Utility,
Patent Law,
Patent Procedure