Industrial applicability

	Email		Print
	Bookmark		Link

Industrial applicability

In patent

Patent

A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a term of patent in exchange for a disclosure of an invention....
law

LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
, industrial applicability or industrial application is a patentability

Patentability

Within the context of a state or multilateralism body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent....
requirement according to which a patent can only be granted for an invention

Invention

An invention is the creation of a new configuration, composition of matter, device, or process. Some inventions are based on pre-existing models or ideas....
which is susceptible of industrial

Industry

An industry is the manufacturing of a Good or Service within a category. Although industry is a broad term for any kind of economic production, in economics and urban planning industry is a synonym for the secondary sector, which is a type of economic activity involved in the manufacturing of raw materials into goods and products....
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

Agriculture

Agriculture refers to the production of food and goods through farming and forestry. Agriculture was the key development that led to the rise of civilization, with the animal husbandry of domestication animals and plants creating food surpluses that enabled the development of more Population density and Social stratification societies....
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

Privacy

Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively....
and personal sphere of a human being".

Discussion

Ask a question about 'Industrial applicability'

Start a new discussion about 'Industrial applicability'

Answer questions from other users

Full Discussion Forum

Encyclopedia

In patent

Patent

A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a term of patent in exchange for a disclosure of an invention....
law

LAW

Patentability

Invention

An invention is the creation of a new configuration, composition of matter, device, or process. Some inventions are based on pre-existing models or ideas....
which is susceptible of industrial

Industry

Agriculture

Privacy

Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively....
and personal sphere of a human being".

In relationship with United States patent law, the utility

Utility (patent)

In United States patent law, utility is a patentability requirement. Today, the utility requirement is the lowest bar and is easily met. Largely utility is used to prevent the patenting of inoperative devices such as perpetual motion machines....
requirement is a more or less corresponding, but different, requirement.

European patent law

At the European Patent Office

European Patent Organisation

The European Patent Organisation is a public international intellectual property organisation created in 1977 to grant patents in Europe under the European Patent Convention of 1973....
(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 are fulfilled, unless there is also some "profitable use" for which the substance can be employed.

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

Sufficiency of disclosure

Most patent law systems require that a patent application disclose a claim ed invention in sufficient detail for the notional person skilled in the art to carry out that claimed invention....
, 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".

excludes "methods for treatment of the human or animal body by surgery

Surgery

Surgery is a medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, to help improve bodily function or appearance, or sometimes for some other reason....
or therapy

Therapy

This is a list of types of therapy.* Adventure therapy* Animal-assisted therapy* Aromatherapy* Art therapy* Authentic Movement* Behavioral 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."

External links

of the European Patent Convention
European Patent Convention

File:EuropeanPatentConvention 2008.PNGThe Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous law system according to which European patents are granted....
of the Patent Cooperation Treaty
Patent Cooperation Treaty

The Patent Cooperation Treaty is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its Contracting States ....
, see in particular paragraph (4).
of the Paris Convention for the Protection of Industrial Property
Paris Convention for the Protection of Industrial Property

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaty....
, see in particular paragraph (3) for guidances as to how the word "industry" should be interpreted.