Polaris And The Return Of The Utility Requirement

Polaris And The Return Of The Utility Requirement

Apr 09, 2018

Article

Co-author, Law360, April 9, 2018

For the vast majority of the 1952 Patent Act’s history, the requirement that an invention possess “utility” has been such a low bar as to effectively be nonexistent. “Utility” is generally satisfied if the invention actually can function — an inquiry co-opted from the enablement requirement. What that function is, and whether that function has any actual benefit, is of no importance.

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