Utility and Non-operability Standards in Biotechnology Patent Prosecution

Name: Utility and Non-operability Standards in Biotechnology Patent Prosecution
Cite: 36 IDEA 203
Year: 1996
Bluebook cite: Kevin C. Hooper, Utility and Non-operability Standards in Biotechnology Patent Prosecution: CAFC Precedent Versus PTO Practice, 36 IDEA 203 (1996).
Author: Kevin C. Hooper
URL: 36 IDEA 203
Item Type: article
Summary: This article goes through the history of utility by discussing the Constitution, Kimmel, and Brenner. The article then discusses the changes by the PTO through substantial utility and prima facie utility. The article further discusses utility as it relates to operability and how the lack of utility causes non-operability. Finally, the article debates how much evidence is enough to prove utility and the new PTO guidelines.

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