What is the utility requirement for patents?
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 utility requirement for patents stipulates that a claimed invention must be useful or have a utility that is specific, substantial, and credible. The MPEP states:
“A claimed invention must be useful or have a utility that is specific, substantial and credible.“
This requirement ensures that patents are granted only for inventions that have a practical and beneficial use. A rejection based on lack of utility may be appropriate when:
- It’s not apparent why the invention is useful, and the applicant has failed to identify any specific and substantial utility.
- An assertion of specific and substantial utility for the invention is not credible.
It’s important to note that rejections for lack of utility should not be based on grounds that the invention is frivolous, fraudulent, or against public policy.