What is the standard for utility in research tools and intermediate products?
The USPTO applies the same utility standards to research tools and intermediate products as it does to other inventions. According to MPEP 2107.01: “Labels such as ‘research tool,’ ‘intermediate’ or ‘for research purposes’ are not helpful in determining if an applicant has identified a specific and substantial utility for the invention.” The MPEP emphasizes that…
Read MoreHow is unity of invention assessed for intermediate and final products?
Unity of invention for intermediate and final products in PCT applications is assessed based on specific criteria outlined in MPEP 1850. Unity of invention is considered to be present when: The intermediate and final products have the same essential structural element, where: The basic chemical structures of the intermediate and the final products are the…
Read MoreHow are intermediate and final product species handled in patent applications?
Intermediate and final product species in patent applications require special consideration. The MPEP 806.04(b) provides guidance on this topic: “As a further example, species of carbon compounds may be related to each other as intermediate and final product. Thus, these species are not independent and in order to sustain a restriction requirement, distinctness must be…
Read More