Industrial applicability

In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance.

An example of invention which would not be susceptible of industrial application is "a method of contraception [...] to be applied in the private and personal sphere of a human being".

Under the European Patent Convention (EPC), the requirement that an invention must be susceptible of industrial application to be patentable means that the invention "can be made or used in any kind of industry, including agriculture".

[2] In decision T 870/04 it was held that the mere fact that a substance can be made in some way does not necessarily mean that the requirements of Article 57 EPC are fulfilled, unless there is also some "profitable use" for which the substance can be employed.

[3] When an alleged invention does not comply with the generally accepted laws of physics, the industrial application is also lacking.