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Utility (patent)




In s patentable", and 35 U.S.C. 112, "specification".

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

Moral utility is probably no longer a bar. The patent office regularly grants patents for Sex Toy s and Gambling .

The Patent Examiner s 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 '' showing of no specific and substantial credible utility.

European Patent Law does not test utility. Instead, it requires that to be patentable an invention must have Industrial Applicability .


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