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Industrial application meaning

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What does Industrial application mean?
In patent practice, industrial application describes whether an invention can be made or used in any field of industry, including agriculture. It is a statutory patentability requirement, defined in section 4(1) of the Patents Act 1977 and Article 57 EPC; Irish patents legislation mirrors the EPC wording. The test is whether, at the filing date, the invention has a practical utility in trade or industry. The threshold is low: no prototype is required, but the specification must disclose a specific, credible use that a skilled person can carry out. This requirement excludes purely abstract ideas, speculative discoveries and aesthetic creations without technical use. It is usually straightforward for mechanical, electrical and chemical inventions, but is closely examined in biotechnology and life sciences: for example, claims to DNA, proteins or biomarkers must state a concrete function to demonstrate industrial application, reflecting the EU Biotech Directive and EPO/UK practice. Usage and effect are consistent across England and Wales, Scotland and Northern Ireland (with UKIPO and the courts applying EPC-aligned principles) and in Ireland (the Intellectual Property Office of Ireland and the courts apply equivalent statutory language). A failure to establish industrial application during patent examination or in litigation can lead to refusal or revocation.
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NEWS
UK and EU energy law and policy weekly highlights: renewables, hydrogen/CCUS, disputes, emissions and key dates—4 December 2025

In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Hydrogen, CCUS and emerging technologies Energy disputes Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Electricity and gas market regulation and licensing DESNZ confirms enduring governance for Smart Secure Electricity Systems DESNZ has issued its response to the 2025 consultation on enduring governance for the Smart Secure Electricity Systems (SSES) Programme, confirming that Elexon, through the Balancing and Settlement Code (BSC), will establish new Technical and Security Governance Groups to guide the technical and security frameworks that enable consumer-led flexibility. Using powers in section 245 of the Energy Act 2023, the government will amend the BSC so Elexon can run these groups as BSC Panel sub-committees and...

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NEWS
UK employment law weekly highlights: 28 March 2024—April reforms, flexible working Code, National Insurance cuts, minimum wage, Vento bands, industrial action, Northern Ireland updates

In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...

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NEWS
High Court quashes Norfolk Vanguard development consent for failure to assess cumulative impacts with Norfolk Boreas under EIA Regulations 2009: unlawful deferral and inadequate reasons (England and Wales)

Pearce v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin) What are the practical implications of this case? While the facts are specific to this matter, multiple offshore schemes along England’s east coast are moving through consent, and each must robustly account for cumulative effects. The case also underlines mounting pushback from local communities against sizeable onshore infrastructure in the area, coinciding with BEIS’s programme reviewing offshore transmission and different approaches to linking offshore wind schemes and landing renewable power. The court further made clear that, even where a proposal aligns with government policy and helps deliver low‑carbon, renewable generation consistent with legal duties towards ‘net zero’ and tackling climate change, that alignment does not displace the requirement for any application to evaluate every impact properly and in accordance with the law. All such proposals therefore need to demonstrate, through the application process, that cumulative and project‑specific effects have been considered with sufficient rigour, rather than assuming policy support or climate objectives will...

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View the related Practice Notes about Industrial application

PRACTICE NOTES
Rome II choice-of-law rules for non‑contractual claims: product liability, competition, environmental damage, IP, industrial action, unjust enrichment and related claims (England and Wales; events 2009–2020)

Practice Note Use this Practice Note to identify the governing law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. Where incidents happened outside those dates, the UK courts will apply an alternative choice-of-law regime, and the regime engaged turns solely on the date of the occurrence. If the date falls outside that span, a different regime applies, selected by reference to timing of the event. For direction on those regimes and how they interrelate, see Practice Note: Applicable law regimes. It summarises the special rules governing particular heads of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II). The topics include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—i.e. agency without authority, and culpa in contrahendo—fault in forming a contract, as well as insurance...

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PRACTICE NOTES
UK CCUS Regulatory Framework: Storage Licences and Permits, Ofgem Transport and Storage Economic Licences, Environmental Permitting and Post-closure Duties

For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers an in-depth exploration of matters addressed in this Practice Note. What is carbon capture, usage and storage (CCUS)? The term CCUS is sometimes described as ‘carbon capture and storage’ (CCS); broadly, CCS represents a narrower subset within the same sector. CCS describes a range of processes that capture and store CO 2 emissions from industrial activities...

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PRACTICE NOTES
Trade effluent discharges: when consents or agreements are required, sewer restrictions, and on-site treatment and permitting (England and Wales)

Consent or agreement To discharge liquid effluent from trade or industrial premises, a consent, or an agreement, must be in place with a local water and sewerage undertaker for release into: a public sewer a private sewer that subsequently connects to a public sewer For information on water companies and water supply/sewerage licensees, see: Ofwat: Licences and licensees. To seek trade effluent consent, a Trade Effluent Notice must be submitted to the sewerage undertaker. Where an application is unsuccessful, the water company will set out the reasons for refusal in writing. There is a right of appeal to Ofwat under section 122 of the Water Industry Act 1991 (WIA 1991). In particular circumstances, the Environment Agency (or Natural Resources Wales in Wales) may impose additional conditions on a consent, due to the substances present in the discharge or the processes that give rise to it. Agricultural holdings, horticulture business, fish farms, and premises used for scientific or experimental purposes are...

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