Practical Applicability of Patent
Source： LIAONING BANDCN LAW FIRM
written by : Fangfang Wang
The practical applicability is one of three necessary essential conditions. The following will mainly
introduce the definition and standards of judgement of practical applicability and aims to help you to
judge whether your invention and creation has practical applicability.
The practical applicability refers to that an invention or an utility model is able to be applied in industry
and some countries call it “industrial practical applicability”. According to Patent Law of PRC, Practical
applicability means that the invention or utility model can be made or used and can produce effective
According to the definition in the Patent Law, the practical applicability has the following standards:
Firstly, the practical applicability requires that the invention and creation is able to be made or used and
is an completed and mature technical scheme, which means that the common technicists in the related
field can operate the technical scheme after reading the technical scheme published.
Secondly, the practical applicability requires that your invention and creation is able to be produced
repeatedly, which means that the common technicists in the related fields can operate the technical
scheme of your invention and creation published repeatedly without the quantity limitation and obtain the
same results each time.
Thirdly, the practical applicability requires your invention and creation is able to produce the positive
effect, or can bring the economic or social benefits.
When you judge the practical applicability of your invention and creation, the following rules shall be
Firstly, the examinants shall review the whole technical contents including the introduction, attached
pictures and affidavit of claim, not only the content of affidavit of claim.
Secondly, the examinants shall make a decision based on the knowledge of common technicists in the
related field not the knowledge of themselves.
Thirdly, the practical applicability, not like the novelty and inventiveness, has nothing to do with the
process of the technology and the time of this technology.
Pay attention to the practical applicability of industrial design, according to the Patent Law of PRC, the
industrial design also requires the practical applicability except the novelty, inventiveness and aesthetic
Generally, the following invention and creation aren’t deemed as in possession of the practical
Firstly, the invention and creation can’t be made or used repeatedly.
Secondly, the invention and creation lacks the necessary technical methods.
Thirdly, the technical scheme of invention and creation are against the order of nature.
Fourthly, the invention and creation is produced on the basis of the unique natural conditions.
Fifthly, the invention and creation has no any positive effects.