Industrial application

Industrial application is the third condition of patentability, together with novelty and inventive step. An invention is considered susceptible of industrial application if its subject matter can be made or used in any kind of industry, including agriculture. The condition is laid down by Article L. 611-15 of the French Intellectual Property Code and Article 57 of the European Patent Convention. Industrial application reflects the vocation of the patent to protect usable technical solutions, not abstract knowledge.

Assessing industrial application

First, the notion of industry is understood broadly: it covers any organised production or service activity, excluding purely intellectual or aesthetic activities. Second, it is enough that the invention can be applied industrially, without it being necessary that it actually is, or that it presents an economic advantage. Third, the condition is not met where the invention is unworkable, such as a device contrary to the laws of physics, or where its utility is not disclosed, for example a genetic sequence whose function is unknown. The provisions can be consulted on Légifrance.

Industrial application and the exclusions

Methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods practised on the human or animal body are not patentable, in order to preserve the freedom of practitioners. By contrast, products, substances or compositions used to implement those methods are patentable, including for a new therapeutic application. In biotechnology, the application must concretely indicate the industrial application of a gene sequence or partial sequence. The examination guidelines of the European Patent Office specify these requirements.

Key points

In practice, industrial application is rarely disputed, since most inventions satisfy it by nature. It nevertheless acts as a filter against speculative applications, notably in biotechnology and for inventions whose effect is not made plausible. It then combines with the requirements of sufficiency of description and plausibility. The firm acts on these questions of patentability, as presented on the page patent nullity action.