4. Description (formal requirements)
A revised version of this publication entered into force. |
The description should indicate explicitly the way in which the invention is capable of exploitation in industry, if this is not obvious from the description or from the nature of the invention (see also GL/PCT‑EPO, G‑III). The expression "capable of exploitation in industry" means the same as "susceptible of industrial application". In view of the broad meaning given to the latter expression in the Appendix to Chapter 14 of the ISPE Guidelines, A14.01[2].1(1) and ISPE Guidelines, A14.01[2].2, it is to be expected that, in most cases, the way in which the invention can be exploited in industry will be self-evident, so that no more explicit description on this point will be required; but there may be a few instances, e.g. in relation to methods of testing, where the manner of industrial exploitation is not apparent and must therefore be explicitly indicated.
Also, in relation to certain biotechnological inventions, i.e. sequences and partial sequences of genes, the industrial application is not self-evident and must be disclosed in the patent application.