Prospective Utility:A New Interpretation of the Utility Requirement of Section 101 of the Patent Act
Cite
87 Calif. L. Rev. 421
Year
1999
Bluebook cite
Nathan Machin, Comment: Prospective Utility: A new Interpretation of the Utility Requirement of Section 101 of the Patent Act, 87 Calif. L. Rev. 421 (1999).
The article attempts to reconcile the Constitution's definition of utility (to promote progress of useful arts) with the Patent Act and case law precedent. The article defines four different designations of utility: specific, practical, general, and moral. The author promotes using a "prospective utility", which would allow inventions to be patented that have an unknown utility at the time of filing.