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
•
Sep 25, 2026

India’s startup ecosystem is becoming increasingly innovation-led, and the country’s intellectual property numbers offer an interesting glimpse into

India’s IP Numbers Tell a Bigger Story  About Startup Founders in India
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Asialaw. By: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which

From Innovation Incentives to Technology Diffusion: Protecting IP Created by Agentic AI
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Lexology. Authors: Lakshmidevi Somanath and Kanishka Vaish I. INTRODUCTION The analysis of intellectual property licensing has usually

IP Licenses in Hybrid form and Royalty Payments Post-Patent Expiration: Balancing Patent Expiration and Continuing Rights to Trade Secrets and Know-How
News & Updates, Thought Leadership
•
Sep 20, 2026

For a startup founder, a cease and desist notice can arrive at an uncomfortable point in the life of a business: when a brand is gaining recognition, a

Is a Cease and Desist Notice Legally Binding in India: Consequences of an IP Dispute for Startups