Industrial Applicability - A Criterion For Patentability PDF Print E-mail

One of the major criteria of patentability is that the invention should be capable of industrial application.


“Capable of Industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry.

 

Industry is considered in a broad sense as including any useful and practical, as distinct from intellectual or aesthetic activity. It does not necessarily imply the use of a machine or the manufacture of a product and covers such thing as a process for dispersing fog or a process of converting energy from one form to another.

 

Vague and speculative indication of possible objectives that might or might not be achievable by carrying out further research with the tool as described may not be sufficient for fulfillment of the requirement of industrial applicability. The purpose of granting a patent is not to reserve an unexplored field of research for an applicant.

 

Methods of testing are generally regarded as capable of industrial application if the test is applicable to the improvement or control of a product, apparatus or process which itself is capable of industrial application. It is therefore advisable to indicate the purpose of the test if this is not otherwise apparent.

 

Processes or articles alleged to operate in a manner which is clearly contrary to well-established physical laws, such as perpetual motion machines, are regarded as not having industrial application.

 

An invention for a method of treatment of the human or animal body by surgery or therapy or of diagnosis practiced on the human or animal body is not taken to be capable of industrial application.

 

Parts /pieces of the human or animal body to be used in transplants are objected as not being capable of industrial application.

 
 

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Which of these Industries in India is least Innovative?

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