MPEP § 716.08 — Utility and Operability of Applicant’s Disclosure (Annotated Rules)
§716.08 Utility and Operability of Applicant’s Disclosure
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
Responding to 101 Rejections
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.
Citations
| Primary topic | Citation |
|---|---|
| Responding to 101 Rejections | 35 U.S.C. § 101 |
| Responding to 101 Rejections | 37 CFR § 2107.03 |
| Responding to 101 Rejections | MPEP § 2107 |
| Responding to 101 Rejections | MPEP § 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.
Official MPEP § 716.08 — Utility and Operability of Applicant’s Disclosure
Source: USPTO716.08 Utility and Operability of Applicant’s Disclosure [R-08.2012]
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.