What is the role of “specific and substantial utility” in patent applications?
“Specific and substantial utility” is a crucial concept in patent law that determines the patentability of an invention. The MPEP 2107.01 states:
“Courts have used the labels “practical utility,” “substantial utility,” or “specific utility” to refer to this aspect of the “useful invention” requirement of 35 U.S.C. 101. The Court of Customs and Patent Appeals has stated: ‘The basic quid pro quo contemplated by the Constitution and the Congress for granting a patent monopoly is the benefit derived by the public from an invention with substantial utility.'”
An invention must have both specific and substantial utility to be patentable. Specific utility means the invention must have a particular use, while substantial utility requires that the invention provide a significant and presently available benefit to the public.
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