Can a reference with no stated utility still be used as prior art?
Yes, a reference with no stated utility can still be used as prior art. According to MPEP 2122:
“In evaluating the utility of the disclosed subject matter of a reference, it is not necessary that the reference disclose the utility.”
This means that even if a prior art reference doesn’t explicitly mention the usefulness or practical application of the invention it describes, it can still be valid prior art. The key factor is whether the reference discloses the claimed subject matter, not whether it states its utility.
The MPEP further clarifies that the examiner should focus on the disclosed subject matter itself, rather than any stated or unstated utility, when considering prior art references.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2122 - Discussion Of Utility In The Prior Art,
Patent Law,
Patent Procedure