Definition of Industrial Applicability
Only inventions that have a possible industrial application are patentable (L611-10 CPI).
An invention is considered susceptible of industrial application if its subject matter can be manufactured or used in any kind of industry, including agriculture (L611-15 CPI).
Assessment of Industrial Applicability
Principle
Industrial applicability exists:
- if the invention can be carried out (Paris Court of Appeal, 4th ch., sect. A, 20 September 2006); even if the result is not perfect (Paris Court of Appeal, 4th ch., sect. A, 20 September 2006 or Paris Court of Appeal, 4th ch., sect. B, 6 January 2006); even if certain industrial adjustments are necessary (Paris Court of Appeal, 4th ch., sect. B, 28 October 2005).
Special Case of a Technical Application of a Human Body Element
While elements of the human body are not patentable, it is possible to protect by patent « the technical application of a function of a human body element » (L611-18 CPI).
The application must be precisely indicated in the patent filing (L611-18 CPI): if the application was not identified at the filing date, the invention is not patentable (e.g., a DNA segment whose function or product is unknown, INPI Examination Guidelines, I-C VII-2.3).