Skip to main content

Defining Patent Utility: Potential of a Patent or Commercial Viability of the Patented Product?

Pravin Anand and Prachi Agarwal delve into the numerous theories and criteria spanning jurisdictions that have spawned in light of patentability requirements.

There are essentially three requirements that are to be satisfied for an invention to be patentable: novelty, inventive step (non-obviousness) and utility. As opposed to its other counterparts, the requirement of utility has been relatively placed at a lower threshold. In fact under the law as it stands today, patent protection would virtually never be refused due to lack of utility/industrial applicability. However, notwithstanding the extremely low utility hurdle, claimed inventions can and do fail the utility requirement. The question, thus, is how much utility is sufficient to satisfy the requirement under patent law?

The concept of utility has been defined and recognized in different manners in different jurisdictions in the form of inventions that are useful, have industrial applicability or are capable of exploitation in an industry etc.; all of these terms are generally viewed as synonymous. For example, in India, the utility requirement emanates from the requirement of an invention being ‘capable of industrial application’ which is defined under Section 2(ac) of the Indian Patents Act, 1970 as ‘capable of being made or used in an industry’ and a patent is liable to be revoked if the same is not useful.

This chapter was published in Asia IP January 2016.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Aug 01, 2026

On 24 May 2024, after roughly a quarter-century of negotiation, the Member States of the World Intellectual Property Organisation adopted, by consensus

WIPO GRATK Treaty: India Helped Write and Would Not Sign
News & Updates, Thought Leadership
Jul 17, 2026

First published by Lexology. Authors: Sandhya Singh and Sampada Kapoor Modern sport is no longer merely an athletic competition; it is a multi-billion-dollar

Managing Ambush Marketing: Legal and Commercial Perspectives
News & Updates, Thought Leadership
Jul 16, 2026

First published by IP Stars. Authors: Safir Anand and Sehr Anand In a digital landscape where the internet never forgets, an individual’s past can

The Right Not to Be Published: Inside the Delhi High Court’s Landmark ‘Right to Be Forgotten’ Judgment
News & Updates, Thought Leadership
Jul 14, 2026

First published by Lexology. Authors: Lakshmidevi Somanath and Kanishka Vaish I. The Quiet Trend of Strong Evidence Engineering Anyone who has appeared

Evidence Engineering in IP Litigation