Utility in Biotech Patent Applications - New guidelines should offer relief for biotech patent applications they lack 'utility'

摘要

Many biotech patent applications have experienced delays at the U.S. Patent and Trademark Off ice (PTO, Crystal City, VA) because of the necessity of demonstrating the utility of the invention. Utility is an absolute requirement for an inventor to receive a granted patent. The statute states, "Whoever invents or discovers any new and useful process, machine, manufacture, 'ot composition of matter, or any new and useful improvement thereof "may obtain a patent.