Answer By law4u team
Industrial applicability is one of the key requirements for the patentability of an invention under Indian patent law and international patent laws, including the Patent Cooperation Treaty (PCT). It refers to the necessity that an invention must be capable of being used or applied in some form of industry. In simple terms, the invention must have a practical utility and be useful in some kind of industry (including agriculture). If an invention meets this criterion, it can be considered for patent protection. Industrial Applicability in Patents: Key Points 1. Meaning of Industrial Applicability: For an invention to be patentable, it must be capable of being produced or used in any kind of industry. This includes any kind of industry - whether it's manufacturing, agriculture, service industry, etc. The invention should be capable of being made or used in a reproducible manner (i.e., it can be manufactured or utilized systematically). 2. The Legal Definition (as per the Indian Patents Act, 1970): According to Section 2(1)(j) of the Patents Act, 1970, the term “industrial application” means that the invention is capable of being manufactured or used in any kind of industry, including agriculture. This section makes it clear that the invention must have some practical utility and the potential for commercial production. 3. Key Characteristics of Industrial Applicability: Practical Utility: The invention must have a specific and practical application. It cannot be something abstract, theoretical, or speculative. For example, a new chemical compound must have a known use in industry, like for medicine, manufacturing, or agriculture. Reproducibility: The invention must be capable of being reproduced or manufactured consistently. If the invention cannot be produced or used in the same way each time, it may not meet the requirement of industrial applicability. Economic Feasibility: The invention should have the potential to be used in a commercially viable industry or field. This does not necessarily mean that the invention must already be in widespread use, but there should be a reasonable expectation that it can be utilized or manufactured on a commercial scale. 4. Exclusions from Industrial Applicability: Pure Scientific Theories: Inventions based solely on scientific theories or abstract ideas are not eligible for patents because they lack industrial applicability. For example, a theory in physics or mathematics, even if novel, would not be patentable because it cannot be applied directly in industry. Artistic Creations: While artistic works like paintings, music, or sculptures may be creative, they are not considered inventions and thus cannot be patented, even though they may have commercial value. Aesthetic Designs: While designs can be protected under the Designs Act, they do not fall under patent protection, even if they have commercial value. Patents are intended for inventions with technical innovations that have industrial applicability, rather than mere ornamental or aesthetic features. 5. Examples of Industrial Applicability: Manufacturing: A new method of manufacturing an automobile part that improves its durability and reduces cost can be considered industrially applicable. Agriculture: A genetically modified seed that increases crop yield or a new pesticide formulation that reduces harm to the environment can be considered industrially applicable in the agricultural industry. Pharmaceuticals: A new drug formulation or process for manufacturing a life-saving medication would clearly meet the requirement of industrial applicability. Technology: A new type of battery technology that is more energy-efficient and scalable for use in electric vehicles or electronic devices is an example of industrial applicability in the field of electronics. How Is Industrial Applicability Assessed? When examining whether an invention meets the industrial applicability requirement, the patent office considers several factors: 1. Technical Field of the Invention: The invention must fall within a technical field where it can be practically applied or used. For instance, if it’s a new machine part, it would be assessed based on its use in manufacturing or production lines. 2. Reproducibility of the Invention: The examiner will look at whether the invention can be manufactured or applied in practice. If the invention is a process, can that process be repeated reliably with the same results? 3. Potential for Commercial Use: The invention should show potential for real-world application and commercial exploitation. This includes considering whether it has been, or can be, commercialized or used in a marketable manner. 4. Experimental Data and Evidence: If applicable, experimental data, prototypes, or working models of the invention are often provided to demonstrate its industrial applicability. For instance, data showing that a new chemical composition can be manufactured in large quantities and used in industrial production would be key. Role of Industrial Applicability in Patentability Not Just Novelty or Inventiveness: An invention may be novel and involve an inventive step, but if it cannot be applied industrially (i.e., it cannot be reproduced or used in any industry), it will not be granted a patent. The industrial applicability criterion is thus one of the fundamental tests in determining patentability, alongside novelty and non-obviousness (inventive step). Practicality Over Theory: While an invention can be based on scientific principles, it must also have practical utility. If it is merely theoretical, it will fail the test of industrial applicability. Case Example In the case of Commissioner of Patents v. Microsoft Corp. (2007), the Australian Federal Court held that software innovations (involving business methods and algorithms) must have industrial applicability to qualify for a patent. The court emphasized that software must have a specific practical use or application in an industry to be patentable. Conclusion Industrial applicability is an essential criterion for patentability in India and globally. It ensures that patents are granted only for inventions that can be used in some practical, reproducible, and useful manner in industry, whether in manufacturing, agriculture, or any other commercial application. If an invention is purely abstract or cannot be reproduced for practical use, it will not meet the requirement of industrial applicability and, therefore, will not be eligible for a patent. So, while novelty and inventive step are crucial, the invention must also be capable of being used in the real world - whether it’s in a factory, in an agricultural field, or in any other industrial context to qualify for patent protection.
