Industrial application – A key to an invention being patentable

Industrial application is a crucial requirement for an invention to be patentable. It is one of the key criteria that ensures an invention is useful and capable of being implemented in a practical, industrial setting.

Industrial application is considered a fundamental test for patentability for several reasons:

a) Practical Utility:

It ensures that the invention has real-world applicability. A patent protects ideas that are not just abstract but have practical uses. This makes the patent system meaningful because it supports innovation that can contribute to society by solving problems or improving existing technologies.

b) Prevention of Abstract Ideas:

It serves as a safeguard against granting patents for ideas or concepts that are too abstract. For instance, purely theoretical principles, mathematical formulas, or abstract theories cannot be patented unless they are applied to a specific, practical industrial process or product.

c) Encouraging Technological Progress:

Industrial application ensures that the patent system incentivizes inventions that lead to practical advancements in various industries. It helps guide innovation in a way that benefits society, making sure that patents are granted for inventions that have the potential to solve real-world problems or improve existing technologies.

To determine if an invention meets the industrial application requirement, patent offices typically ask a series of questions:

• Can the invention be made or used in some kind of industry? If the answer is yes, the invention meets the industrial application requirement.
• Is there a practical utility or concrete use for the invention? Inventions that are purely theoretical or speculative would not meet the criteria.
• Is the invention reproducible? If the invention can be reproduced by a skilled person in the field based on the disclosure in the patent application, it likely qualifies for industrial application.

While the concept of industrial application is fairly straightforward, there are instances where it may be challenging to prove, particularly in fields where the application is not immediately clear or is in the early stages of development.

• Emerging Technologies
• Abstract Innovations

Industrial application is a cornerstone of patent law because it ensures that patents are granted for inventions that have real-world relevance and practical uses. It serves to prevent patents on abstract ideas and focuses on encouraging technological progress that can solve practical problems in industry.

For an invention to be patentable, it must not only be novel and non-obvious but also capable of being used or made in some form of industry. This requirement ensures that patents contribute to society by fostering innovative and useful solutions.