How is the industrial applicability of an invention assessed in international patent applications?
How is the industrial applicability of an invention assessed in international patent applications?
The assessment of industrial applicability in international patent applications focuses on whether the invention can be made or used in a technological sense in any kind of industry. According to PCT Article 33(4):
“For the purposes of the international preliminary examination, a claimed invention shall be considered industrially applicable if, according to its nature, it can be made or used (in the technological sense) in any kind of industry.”
Patent examiners evaluate whether the invention has a practical application or tangible use in any field of technology or commerce. The invention should solve a technical problem or provide a technical effect that can be utilized in an industrial context, broadly interpreted. This assessment is made based on the description, claims, and drawings provided in the patent application.
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