Chapter Ⅲ　UTILITY

A.Introduction

The utility requirement,that something be useful in an invention to be patentable,is a constitutional requirement for“useful Arts”under Art.I,§ 8,Cl.8.It remains a prerequisite ever since the first patent act of 1790.

Most inventions,mechanical,chemical,or otherwise,would easily satisfy the utility requirement,as rarely would anyone bother to spend time and money on something truly of no real world uses.

Nor is it a statutory request,as do other patentability requirements,that the application for patent specifically sets out the utility of an invention,although most applicant would state the“usefulness”of his invention.

Conversely,despite the indication of whatever usefulness in whatever ways by the applicant,an invention may technically fail to perform the predicated function,as in those famous“perpetual motion machines”or inventions that promise“greater energy output than input,”which work clearly against laws of physics.

In other areas,the line may not be so clear as to whether something will work or not.In some cases,the result may be a matter of great probability.For instance,hair loss is a common annoyance,caused by various factors at various ages,mostly for men.Except for artificial hair implant,nothing has been proven effective to give the man a headful hair if he has gradually and steadily grown bold.Yet,the hope goes on in the beauty business.