What is the “specific utility” requirement in patent law?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2107.01 - General Principles Governing Utility Rejections,
Patent Law,
Patent Procedure