European Patent Convention - Substantive Patent Law

Substantive Patent Law

One of the most important articles of the Convention, Article 52(1) EPC, entitled "Patentable inventions", states:

"European patents shall be granted for any inventions, in all fields of technology, providing that they are new, involve an inventive step, and are susceptible of industrial application."

This article constitutes the "fundamental provision of the EPC which governs the patentability of inventions".

However, the EPC provides further indications on what is patentable. There are exclusions under Article 52(2) and (3) EPC and exclusions under Article 53 EPC.

First, discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, programs for computers and presentations of information are not regarded as inventions and are excluded from patentability only to the extent that the invention relates to those areas as such. This is "a negative, non-exhaustive list of what should not be regarded as an invention within the meaning of Article 52(1) EPC." (For further information, see also: Software patents under the EPC).

The second set of exclusions, or exceptions, include

• inventions contrary to "ordre public" or morality,
• plant or animal varieties and essentially biological processes for the production of plants and animals, and
• methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body, which have been excluded for "socio-ethical considerations and considerations of public health".