How does the MPEP define “utility” in the context of prior art?
The Manual of Patent Examining Procedure (MPEP) 2122 defines utility in the context of prior art as follows:
“Utility need not be disclosed in a reference to be properly applied as prior art under 35 U.S.C. 102 and 103.”
This means that for a prior art reference to be valid, it doesn’t necessarily need to explicitly state the utility or usefulness of the invention it describes. The MPEP further explains that as long as the reference discloses the claimed subject matter, it can be used as prior art, regardless of whether it mentions the utility of the invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2122 - Discussion Of Utility In The Prior Art,
Patent Law,
Patent Procedure