How does the USPTO evaluate evidence of utility in patent applications?
The evaluation of utility evidence in patent applications is guided by specific sections of the MPEP. As mentioned in MPEP 716.08:
“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.”
The USPTO evaluates such evidence based on established legal precedents and examination guidelines. Examiners consider factors such as the nature of the invention, the level of predictability in the art, and the sufficiency of the evidence provided. The goal is to ensure that the claimed invention has a credible, specific, and substantial utility as required by 35 U.S.C. 101.
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