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Industrial applicability

8.27 Section 16(1) states that an invention is considered industrially applicable if it can be made or used in any kind of industry.

8.28 “Industry” is understood in its broadest sense and includes any useful and practical activity as distinct from intellectual or aesthetic activity. In general there must be something in which a new and useful effect, be it creation or alteration, may be observed. It need not be an article or substance nor necessarily involve a manufacturing process, but it must be useful in practical affairs. In Chiron Corp v Murex Diagnostics Ltd [1996] RPC 535, industrial application was taken to carry the connotation of trade or manufacture in its widest sense and whether or not for profit.