Utility; industrial applicability

Toshiko Takenaka

Chapter 7 in The Law and Theory of Patents, 2026, pp 144-152 from Edward Elgar Publishing

Abstract: Utility—referred to as industrial applicability under the European Patent Convention—is the final patentability requirement under TRIPS and functions as a critical filter against speculative or premature patent claims. This chapter examines the policy foundations and doctrinal standards of utility in the United States, Europe, and Japan, emphasizing its distinct role in predictable versus unpredictable technological fields. In predictable arts, such as mechanical and electrical engineering, the requirement rarely bars patentability. In contrast, in unpredictable fields—particularly chemistry, biotechnology, and pharmaceuticals—utility serves as a substantive safeguard, operating in close coordination with enablement and written description to ensure that exclusive rights attach only to inventions delivering concrete, real‑world benefits.

Keywords: Utility requirement; Industrial applicability; Specific and substantial utility; Unpredictable arts; Enablement; Sufficient disclosure (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035310425
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