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

See all articles by Vijaykumar Shrikrushna Chowbe

Vijaykumar Shrikrushna Chowbe

Sant Gadge Baba Amravati University; Sant Gadge Baba Amravati University, Amravati

Date Written: December 1, 2009

Abstract

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.

Suggested Citation

Chowbe, Vijaykumar Shrikrushna, Utility: A Benchmark of Patentability (December 1, 2009). The IUP Journal of Intellectual Property Rights, Vol. VIII, Nos. 3 & 4, pp. 7-27, August & November 2009, Available at SSRN: https://ssrn.com/abstract=1516264

Vijaykumar Shrikrushna Chowbe (Contact Author)

Sant Gadge Baba Amravati University ( email )

Amravati, Maharashtra 444606
India

Sant Gadge Baba Amravati University, Amravati ( email )

Amravati, Maharashtra 444606
India

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