Industrial applicability


Industrial applicability

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, i.e. 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". [ [http://legal.european-patent-office.org/dg3/biblio/t930074ep1.htm Decision T 74/93] of the Boards of Appeal of the European Patent Office ]

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 does not necessarily mean that the requirements of EPC Article|57 are fulfilled, unless there is also some "profitable use" for which the substance can be employed. [ [http://legal.european-patent-office.org/dg3/biblio/t040870eu1.htm Decision T 870/04] ] When an alleged invention does not comply with the generally accepted laws of physics, the industrial application requirement is related to the requirement of sufficiency of disclosure, i.e. 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". [ "In T 541/96 the board noted that according to Art. 52(1) EPC a European patent could be granted for an invention which was, inter alla, susceptible of industrial application. This concept was related to the obligation on an applicant to give a sufficient description of the invention, as required by Art. 83 EPC. An invention or an application for a patent for an alleged invention which would not comply with the generally accepted laws of physics would be incompatible with the requirements of Art. 57 EPC and Art. 83 EPC because it could not be used and therefore lacked industrial application. The description would moreover be insufficient to the extent that the applicant would not be able to describe how it could be made to work." [http://www.european-patent-office.org/legal/case_law/pdf/clr_all_en.pdf "Case Law of the Boards of Appeal of the European Patent Office"] , Fourth Edition, December 2001, Page 143. ] [ See also, for cases at the United Kingdom Patent Office (UK-IPO), [http://ipkitten.blogspot.com/2008/06/uk-ipo-gets-tougher-on-perpetual-motion.html "UK-IPO gets tougher on perpetual motion"] , IPKat, 12 June 2008. Consulted on June 12, 2008. ]

EPC Article|52|4 old fact 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. [ EPC Article|52|4 old fact ] 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." [ [http://www.european-patent-office.org/epo/pubs/oj007/08_07/special_edition_6_case_law_boards_of_appeal.pdf Special edition 6/2007, EPO Board of Appeal Case Law 2006] , pages 17-18. ]

References and notes

External links

* [http://www.european-patent-office.org/legal/epc/e/ar57.html#A57 Article 57] of the European Patent Convention
* [http://www.wipo.int/pct/en/texts/articles/a33.htm Article 33] of the Patent Cooperation Treaty, see in particular paragraph (4).
* [http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html#P71_4054 Article 1] of the Paris Convention for the Protection of Industrial Property, see in particular paragraph (3) for guidances as to how the word "industry" should be interpreted.


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Industrial Disputes Act — The Industrial Disputes Act extends to the whole of India. It came into force April 1, 1947.Objectives:The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the… …   Wikipedia

  • United States v. Congress of Industrial Organizations — Infobox SCOTUS case Litigants=United States v. Congress of Industrial Organizations ArgueDateA=April 28 ArgueDateB=29 ArgueYear=1948 DecideDate=June 21 DecideYear=1948 FullName=United States v. Congress of Industrial Organizations, et al.… …   Wikipedia

  • Glossary of patent legal concepts — Patent law (patents for inventions) …   Wikipedia

  • Patentable subject matter — Patent law (patents for inventions) …   Wikipedia

  • Outline of industry — The following outline is provided as an overview of and topical guide to industry: Industry – refers to the production of an economic good or service within an economy.[1] Contents 1 Essence of industry 2 Industry sectors …   Wikipedia

  • Topic outline of industry — For a more comprehensive list, see the List of industry topics. Industry is the overall application of technology and other resources to the generation of economic output by producing goods and services. An industry is any grouping of businesses… …   Wikipedia

  • Industry — For other uses of this term, see Industry (disambiguation) An industry (from Latin industrius , diligent, industrious ) is the manufacturing of a good or service within a category. [http://dictionary.reference.com/browse/industry industry… …   Wikipedia

  • Intellectual property in Iran — Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties.[1] Iran joined the Convention for the Protection of Industrial Property (Paris Convention) in 1959. In December 2003 Iran became a party to… …   Wikipedia

  • Patent infringement — Patent law (patents for inventions) …   Wikipedia

  • Software patent — Computer programs, software and patent law Topics …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.