Utility

Definition

Utility is a fundamental concept in patent law that refers to the practical usefulness or functionality of an invention. It is one of the key criteria that must be met for an invention to be eligible for patent protection.

5 Must Know Facts For Your Next Test

1. Utility is one of the three main requirements for patentability, along with novelty and non-obviousness.
2. To have utility, an invention must have a specific, substantial, and credible use that provides a tangible benefit to society.
3. Inventions that are merely theoretical or speculative, or have no practical application, do not meet the utility requirement.
4. Utility can be demonstrated through the invention's ability to perform its intended function, as well as its potential for commercial or industrial applications.
5. The utility requirement is interpreted broadly, and even inventions with unconventional or unexpected uses may be considered to have utility.

Review Questions

• Explain the role of utility in the criteria for patenting an invention.
  • Utility is one of the three key criteria that must be met for an invention to be eligible for patent protection, along with novelty and non-obviousness. To have utility, an invention must have a specific, substantial, and credible use that provides a tangible benefit to society. This means the invention must be able to perform its intended function and have potential commercial or industrial applications. Inventions that are merely theoretical or speculative, or have no practical application, do not meet the utility requirement.
• Describe how the utility requirement is interpreted in patent law.
  • The utility requirement is interpreted broadly in patent law. Even inventions with unconventional or unexpected uses may be considered to have utility, as long as they have a specific, substantial, and credible use that provides a tangible benefit to society. The invention must be able to perform its intended function and have potential commercial or industrial applications. The utility requirement is not limited to just the primary or intended use of the invention, but can also include secondary or ancillary uses that are supported by the disclosure in the patent application.
• Analyze how the utility requirement interacts with the other criteria for patentability, such as novelty and non-obviousness.
  • The utility requirement is one of the three main criteria for patentability, along with novelty and non-obviousness. While these requirements are distinct, they are also interrelated. For an invention to be patentable, it must not only have utility, but also be new (novel) and not obvious to a person skilled in the art. The utility requirement ensures that the invention has a practical, tangible benefit, while the novelty and non-obviousness requirements ensure that the invention represents a meaningful advance over the prior art. Together, these criteria help to ensure that only inventions that truly contribute to the progress of science and the useful arts are granted patent protection.

Related terms

Patentable Subject Matter: The types of inventions that are eligible for patent protection, which must have utility, be novel, and be non-obvious.

Enablement:

The requirement that a patent application must disclose the invention in sufficient detail for a person skilled in the art to make and use the invention without undue experimentation.

Novelty:

The requirement that an invention must be new and not already known or used by others to be eligible for patent protection.