Everything about Industrial Applicability totally explained
In
patent law,
industrial applicability or
industrial application is a
patentability requirement according to which a patent can only be granted for an
invention which is susceptible of
industrial application, for example for an invention which can be made or used in some kind of industry. In this context, the concept of "industry" is far-reaching: it includes indeed
agriculture for instance. An example of invention which would
not be susceptible of industrial application is "a method of
contraception [...] to be applied in the
private and personal sphere of a
human being".
In relationship with United States patent law, the
utility requirement is a more or less corresponding, but different, requirement.
European patent law
At the
European Patent Office (EPO), the requirement that an invention is susceptible of an industrial application has generally been taken to be more or less automatically fulfilled but a 2005 decision of the Boards of Appeal of the EPO saw this requirement analysed in new detail. In decision T870/04 it was held that the mere fact that a substance can be made in some way doesn't necessarily mean that the requirements of are fulfilled, unless there's also some "profitable use" for which the substance can be employed.
When an alleged invention doesn't comply with the generally accepted
laws of physics, the industrial application requirement is related to the requirement of
sufficiency of disclosure, for example the fact that a "patent application must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a
person skilled in the art".
excludes "methods for treatment of the human or animal body by
surgery or
therapy and
diagnostic methods practised on the human or animal body" from patentability, because these methods are regarded as not susceptible of industrial application. The purpose of this exclusion is "to deny patent protection to methods which serve medical purposes, so that no one could be hampered in the practice of medicine by patent legislation."
Further Information
Get more info on 'Industrial Applicability'.
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