What is the “substantial 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 “substantial utility” requirement in patent law refers to the need for an invention to show a significant and presently available benefit to the public. According to MPEP 2107.01:

“[A]n application must show that an invention is useful to the public as disclosed in its current form, not that it may prove useful at some future date after further research. Simply put, to satisfy the ‘substantial’ utility requirement, an asserted use must show that the claimed invention has a significant and presently available benefit to the public.” Fisher, 421 F.3d at 1371, 76 USPQ2d at 1230.

This means that the utility of the invention should be immediate and real-world, not speculative or requiring further research to identify its usefulness. Inventions that only have potential uses or require additional research to confirm their utility may not meet this requirement.