When can a patent examiner require evidence of utility or operativeness?
According to MPEP 716.08, patent examiners can require evidence of utility or operativeness in certain circumstances. The section refers to MPEP § 2107.02 for specific guidance:
“See MPEP § 2107.02, for guidance on when it is proper to require evidence of utility or operativeness, and how to evaluate any evidence which is submitted to overcome a rejection under 35 U.S.C. 101 for lack of utility.”
Generally, examiners may request such evidence when there are reasonable doubts about the utility or operability of the claimed invention. This could occur if the invention seems to contradict established scientific principles or if the applicant’s disclosure lacks sufficient detail to demonstrate utility.
To learn more:
To learn more: