What is the “specific utility” requirement in patent law?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The “specific utility” requirement in patent law refers to the need for an invention to provide a well-defined and particular benefit to the public. According to MPEP 2107.01:
“A ‘specific utility’ is specific to the subject matter claimed and can ‘provide a well-defined and particular benefit to the public.’ In re Fisher, 421 F.3d 1365, 1371, 76 USPQ2d 1225, 1230 (Fed. Cir. 2005).”
This means that the utility of the invention should be clearly identified and not just a general or vague assertion. For example, stating that a compound has “useful biological properties” without specifying what those properties are would not be sufficient to meet the specific utility requirement.