What is the “incredible utility” standard in patent applications?
The “incredible utility” standard is a principle used by the USPTO to assess the credibility of an invention’s utility claim. According to MPEP 2107.01:
“Credibility is assessed from the perspective of one of ordinary skill in the art in view of the disclosure and any other evidence of record (e.g., test data, affidavits or declarations from experts in the art, patents or printed publications) that is probative of the applicant’s assertions.”
An assertion of utility may be deemed “incredible” if it contradicts known scientific principles or is not supported by the totality of evidence available to a person skilled in the relevant field.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2107.01 - General Principles Governing Utility Rejections,
Patent Law,
Patent Procedure