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Industrial Applicability

Industrial Applicability :

An invention is capable of industrial application if it satisfies three conditions, cumulatively:

• can be made;

• can be used in at least one field of activity;

• can be reproduced with the same characteristics as many times as necessary.

1. An invention to be patentable must be useful. If the subject matter is devoid of utility it does not satisfy the requirement of invention.

2. For the purpose of utility, the element of commercial or pecuniary success has no relation to the question of utility in patent law.

3. The usefulness of an alleged invention depends not on whether by following the directions in the complete specification all the results not necessary for commercial success can be obtained, but on whether by such directions the effects that the application/patentee professed to produce could be obtained.

4. The meaning of usefulness is therefore useful for the purpose indicated by the applicant or patentee whether a non-commercial utility is involved.

5. The usefulness of the invention is to be judged, by the reference to the state of things at the date of filing of the patent application, if the invention was then useful, the fact that subsequent improvement have replaced the patented invention render it obsolete and commercially of no value, does not invalidate the patent.

6. Speculation or imaginary industrial uses are not considered to satisfy the industrial application requirement.

 

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