All Topics  
Utility (patent)

 

 
   Email Print
   Bookmark   Link
 

 

Utility (patent)
 
 
  Topics Utility (patent) Topic Home

In United States patent law
United States patent law

United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided in the United States Constitution....
, utility is a patentability
Patentability

Within the context of a state or multilateralism body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent....
 requirement. Today, the utility requirement is the lowest bar and is easily met. Largely utility is used to prevent the patenting of inoperative devices such as perpetual motion machines. Utility is required by the patent law: , "invention
Invention

An invention is the creation of a new configuration, composition of matter, device, or process. Some inventions are based on pre-existing models or ideas....
s patentable", and , "specification".

There are three types of utility:
  1. General utility is the requirement of functionality.
  2. Specific utility is the requirement that the invention actually perform the function.
  3. Moral, or beneficial, utility requires that the invention not "poison, promote debauchery, facilitate private assassination".


The patent examiners guidelines require that a patent application express a specific, credible, and substantial utility.






Discussion
Ask a question about 'Utility (patent)'
Start a new discussion about 'Utility (patent)'
Answer questions from other users
Full Discussion Forum



Encyclopedia


In United States patent law
United States patent law

United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided in the United States Constitution....
, utility is a patentability
Patentability

Within the context of a state or multilateralism body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent....
 requirement. Today, the utility requirement is the lowest bar and is easily met. Largely utility is used to prevent the patenting of inoperative devices such as perpetual motion machines. Utility is required by the patent law: , "invention
Invention

An invention is the creation of a new configuration, composition of matter, device, or process. Some inventions are based on pre-existing models or ideas....
s patentable", and , "specification".

There are three types of utility:
  1. General utility is the requirement of functionality.
  2. Specific utility is the requirement that the invention actually perform the function.
  3. Moral, or beneficial, utility requires that the invention not "poison, promote debauchery, facilitate private assassination".


The patent examiners guidelines require that a patent application express a specific, credible, and substantial utility. Rejection by an examiner usually requires documentary evidence establishing a prima facie
Prima facie

Prima facie is a little List of Latin phrases meaning "on its first appearance", or "by first instance". Literally the phrase translates as first face, "prima" first, "facie" face....
 showing of no specific and substantial credible utility.

European patent law
European patent law

European patent law covers a wide range of legislations including national patent laws, the Convention on the Unification of Certain Points of Substantive Law on Patents for Invention of 1963, the European Patent Convention of 1973, and a number of European Union directives and European Union regulations....
 does not consider utility as a patentability criterion. Instead, it requires that to be patentable an invention must have industrial applicability
Industrial applicability

In patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industry application, i.e....
.

See also

  • Diamond v. Diehr
    Diamond v. Diehr

    Diamond v. Diehr, , was a 1981 Supreme Court of the United States decision which held that the execution of a physical process, controlled by running a computer program was patentability....
  • Reduction to practice
    Reduction to practice

    In United States patent law, the reduction to practice is a concept meaning the embodiment of the concept of an invention. The date of this embodiment is critical to the determination of priority between inventors in an interference proceeding....
  • State Street Bank v. Signature Financial Group
  • Sufficiency of disclosure
    Sufficiency of disclosure

    Most patent law systems require that a patent application disclose a claim ed invention in sufficient detail for the notional person skilled in the art to carry out that claimed invention....
  • Utility model
    Utility model

    A utility model is an intellectual property right to protect inventions. This right is available in a number of national legislations, such as Argentina, Austria, Brazil, Chile, China, Denmark, Finland, France, Germany, Hungary, Italy, Japan, Malaysia, Mexico, Morocco, Philippines, Poland, Portugal, Russia, South Korea, Spain, Taiwan, Uzbekis...


External links