New (novelty) means that the claimed invention must be new: the claimed
invention is not identically disclosed as set forth in 35 U.S.C. 102
Non-obvious means that the claimed invention is not identically disclosed
as set forth in section 35 U.S.C. 102
, but the differences between the
claimed invention and the prior art are such that the claimed invention as
a whole would have been obvious before the effective filing date of the
claimed invention to a person having ordinary skill in the art to which the
claimed invention pertains. Patentability shall not be negated by the
manner in which the invention was made.
Useful (utility) means that the claimed invention accomplishes something or work, and/or produces a result. It requires that the invention is a well-established utility:
- A person of ordinary skill in the art immediately appreciates why the invention is useful, based on the characteristics, properties or applications of a product or process, of the invention, and
- The utility is specific, substantial, and credible.
For further details about guidelines for compliance with the utility requirement, see section 2107 of the MPEP.