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Patent Requirements - Industrial Application

Written by Jody Tsigarides on 30 October 2009

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One of the main requirements for any patent application to fulfil is that it must be capable of industrial application.

So what does this mean? Essentially for an invention to be capable of industrial application it must be possible to make the product or conduct the process. In short an idea is not protectable as a patent.

As a general rule the following are considered not to be inventions capable of industrial application;

(a) a discovery, scientific theory or mathematical method;

(b) a literary, dramatic, musical or artistic work or any other aesthetic creation;

(c) a scheme, rule or method for performing mental act, playing a game or doing business, or a program for a computer.

(d) the presentation of information.

There are some minor exceptions to the above which apply in very limited circumstances and you should consult a solicitor or patent agent to review your proposed patent.

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