Utility: A Benchmark of Patentability
The IUP Journal of Intellectual Property Rights, Vol. VIII, Nos. 3 & 4, pp. 7-27, August & November 2009
Posted: 3 Dec 2009
Date Written: December 1, 2009
Utility, albeit not sole, stands as one amongst three basic conditions for patentability of an invention. Invention, in order to be patentable, must have capability of commercial viability and ‘industrial applicability’. If the invention lacks or fails to demonstrate adequate utility, the patent claim for such an invention is naturally required to be discarded, as no invention is entitled any legal protection, if it equally fails to compensate society with something useful. In that way, utility is the touchstone of patentability and in true sense, represented market reality through legal literature.
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