How does the USPTO handle rejections based on lack of utility?
The USPTO has specific procedures for handling rejections based on lack of utility. As indicated 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.”
When an examiner issues a rejection for lack of utility under 35 U.S.C. 101, the applicant has the opportunity to respond by providing evidence of utility. The examiner then evaluates this evidence based on the guidelines provided in MPEP § 2107.02. If the evidence is deemed sufficient, the rejection may be withdrawn. If not, the applicant may appeal the decision or file a continuation application with additional evidence or arguments.
To learn more:
To learn more: