What is a well-established utility in patent law?

A well-established utility in patent law is one that meets specific criteria as defined by the USPTO. According to the MPEP, An invention has a well-established utility if (i) a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention (e.g., properties or…

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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…

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What is the utility requirement for patents?

The utility requirement for patents stipulates that a claimed invention must be useful or have a utility that is specific, substantial, and credible. The MPEP states: “A claimed invention must be useful or have a utility that is specific, substantial and credible.“ This requirement ensures that patents are granted only for inventions that have a…

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What is the utility requirement in patent law?

The utility requirement in patent law refers to the necessity for an invention to have a specific and substantial credible utility. This requirement is established by 35 U.S.C. 101 and 35 U.S.C. 112(a) (or pre-AIA 35 U.S.C. 112, first paragraph). The Manual of Patent Examining Procedure (MPEP) provides guidelines for examining applications for compliance with…

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How does the USPTO handle “incredible” or “wholly inoperative” inventions?

The USPTO treats “incredible” or “wholly inoperative” inventions as lacking utility under 35 U.S.C. 101. According to MPEP 2107.01: “An invention that is ‘inoperative’ (i.e., it does not operate to produce the results claimed by the patent applicant) is not a ‘useful’ invention in the meaning of the patent law.” However, the MPEP clarifies that…

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What is the “specific utility” requirement in patent law?

The “specific utility” requirement in patent law refers to the need for an invention to provide a well-defined and particular benefit to the public. According to MPEP 2107.01: “A ‘specific utility’ is specific to the subject matter claimed and can ‘provide a well-defined and particular benefit to the public.’ In re Fisher, 421 F.3d 1365,…

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