What is the standard for utility in research tools and intermediate products?
The USPTO applies the same utility standards to research tools and intermediate products as it does to other inventions. According to MPEP 2107.01:
“Labels such as ‘research tool,’ ‘intermediate’ or ‘for research purposes’ are not helpful in determining if an applicant has identified a specific and substantial utility for the invention.”
The MPEP emphasizes that many research tools, such as gas chromatographs and screening assays, have clear, specific, and unquestionable utility. The key is to distinguish between inventions with specifically identified substantial utility and those whose asserted utility requires further research to identify or confirm.
For intermediate products, the MPEP states that a claim to an intermediate product for use in making a final product that has no specific, substantial, and credible utility would not meet the utility requirement. The focus should be on whether the claimed invention has a real-world use that provides an immediate benefit to the public.
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