Article 57

An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.

UPC Case Law

Court of First Instance

IPPT20250529, UPC CFI, CD Paris, Lindal v Rocep-Lusol
Industrial applicability (Article 57 EPC) and insufficient disclosure (Article 83 EPC)(Article 138(1(a)(b) EPC). If an (alleged) invention would not comply with the generally accepted laws of physics falls within its scope because it cannot be used and therefore lacks industrial application. In such a situation, also the description would be insufficient to the extent that the applicant would not be able to describe how it could be made to work. claim 5 does not meet the criteria for industrial applicability under Articles 57 and 138 (1) (a) ‘EPC’ and must be considered as invalid. Since the application is addressed to the skilled person, it is neither necessary nor desirable to give details of well-known ancillary features. However, the description must disclose any feature essential for carrying out the invention in sufficient detail to make it apparent to the skilled person how to put the invention into practice without undue burden. (Article 83 EPC).