How does the USPTO handle utility rejections for inventions with “throwaway” utilities?
The USPTO addresses “throwaway” utilities in patent applications as part of its examination process. According to MPEP 2107.01:
“Rejections under 35 U.S.C. 101 based on a lack of credible utility have been sustained by federal courts when, for example, the applicant failed to disclose any utility for the invention or asserted a utility that could only be true if it violated a scientific principle, such as the second law of thermodynamics, or a law of nature, or was wholly inconsistent with contemporary knowledge in the art.”
“Throwaway” utilities are those that are not credible or are inconsistent with scientific knowledge. The USPTO may reject applications with such utilities under 35 U.S.C. 101 for lack of credible utility.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2107.01 - General Principles Governing Utility Rejections,
Patent Law,
Patent Procedure