MPEP § 716.08 — Utility and Operability of Applicant’s Disclosure (Annotated Rules)

§716.08 Utility and Operability of Applicant’s Disclosure

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 716.08, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Utility and Operability of Applicant’s Disclosure

This section addresses Utility and Operability of Applicant’s Disclosure.

Key Rules

Topic

Responding to 101 Rejections

1 rules
StatutoryInformativeAlways
[mpep-716-08-e77500a7e80b8b628483e18c]
Guidance for Utility and Operativeness Evidence in Rejections Under 35 U.S.C. 101
Note:
Provides guidance on when to require evidence of utility or operativeness and how to evaluate such evidence submitted to overcome a rejection under 35 U.S.C. 101 for lack of utility.

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. See MPEP § 2107§ 2107.03 generally for utility examination guidelines and an overview of legal precedent relevant to the utility requirement of 35 U.S.C. 101.

Jump to MPEP Source · 37 CFR 2107.03Responding to 101 RejectionsPatent EligibilityUtility Requirement

Citations

Primary topicCitation
Responding to 101 Rejections35 U.S.C. § 101
Responding to 101 Rejections37 CFR § 2107.03
Responding to 101 RejectionsMPEP § 2107
Responding to 101 RejectionsMPEP § 2107.02

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31