Practical sheet | REF: FIC1615 V1

What is a patent? What are its characteristics?

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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5. What do we mean by "industrial application"?

For an invention to be considered industrially applicable, it must be capable of being manufactured or used in any kind of industry, including agriculture.

This criterion is based on practical and economic requirements. The invention must be capable of being exploited in the industrial field in its broadest sense. This is why abstract concepts are also excluded. However, the criterion is not binding insofar as there is no requirement for the invention to be exploited effectively, profitably or efficiently.

In practice, compared with the criteria of novelty or inventive step, the criterion of industrial applicability is rarely the subject of debate, and rarely the reason for the refusal or invalidation of a patent.

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