Trilateral Project 24.1-Biotechnology 132

These questions are directed to whether or not certain inventions meet the requirements of industrial applicability. In the United States practice this standard is applied only to those applications filed under the patent Cooperation Treaty in the International Stage. For those applications the claimed invention has industrial applicability if it can be made or used in any industry where industry is considered in its broadest sense.

National Stage applications are examined based on United Stage laws, in particular, 35 U.S.C. Sec. 101 and 112, first paragraph. Discussions of the appropriate applications of these statutes with respect to the utility requirement can be found in the Utility Guidelines. 60 Fed. Reg. 36,263 (July 14, 1995), reprinted with legal analysis in 50 Pat. Trademark & Copyright J. 295 (BNA 1995). The guidelines require either a disclosed, specific, credible utility or an undisclosed, well-established (immediately apparent) utility in order to satisfy the utility requirement. It is important to note that Industrial Applicability is not coextensive with the utility requirements of Title 35 United States Code. The USPTO interprets the Industrial Applicability and Utility requirements broadly to promote progress and development in these fields of endeavor.