Article 83 EPC and The Generally Accepted Laws of Physics
Although the European Patent Convention does not exclude the patenting of "revolutionary" inventions,
| “ | the provisions of Article 83 EPC require that the European patent application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by the skilled person and that, in particular "if the invention seems, at least at first, to offend against the generally accepted laws of physics and established theories, the disclosure should be detailed enough to prove to a skilled person conversant with mainstream science and technology that the invention is indeed feasible (i.e. susceptible of industrial application). This implies, inter alia, the provision of all the data which the skilled person would need to carry out the claimed invention, since such a person, not being able to derive such data from any generally accepted theory, cannot be expected to implement the teaching of the invention just by trial and error". | ” |
Read more about this topic: Disclosure Of The Invention Under The European Patent Convention
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