MPEP 716.08
Utility and Operability of Applicant’s Disclosure

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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716.08    Utility and Operability of Applicant’s Disclosure [R-08.2012]

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. See MPEP § 2107 - § 2107.03 generally for utility examination guidelines and an overview of legal precedent relevant to the utility requirement of 35 U.S.C. 101.