Legal requirements for patentability 3

Question 1

utility/industrial application

Answer 1

1. requires invention performs the functions specified and achieves some minimally beneficial result –> otherwise patent will not be granted.
2. based on historical consideration that society receive a positive benefit from any exclusive right granted to an applicant.
3. some jurisdictions require demonstration of industrial application or that the invention can be made or used in any kind of industry incl. agric, fishery, services etc.
4. requirement is usually easily met for mechanical devices/ more challenging in the fields of chemistry or biotech where new compounds may be discovered before determining a practical purpose for it.

Question 2

Industry

Answer 2

1. includes any physical activity of “technical character” - that is, an activity that belongs to useful or practical arts as distinct from aesthetic arts.
2. does not necessarily imply use of a machine or manufacture of an article.
3. may cover e.g. process for dispersing fog or conversion of energy from one form to another.
4. commercial viability mustn’t be demonstrated to satisfy utility/industrial applicability requirement.

Question 3

Determining patentability of research results

Answer 3

1. are the results useful?