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European Patent Convention (EPC 1973)

 
 
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 52 28

Patentable inventions

Art. 54, 56, 57, 100, 138
R. 23b, 23c, 23e



(1) European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.


(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:


(a) discoveries, scientific theories and mathematical methods;


(b) aesthetic creations;


(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;


(d) presentations of information.


(3) The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.


(4) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall not be regarded as inventions which are susceptible of industrial application within the meaning of paragraph 1. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.



28 See decisions of the Enlarged Board of Appeal G 1/83, G 5/83, G 6/83, G 1/98, G 1/03, G 2/03 (Annex I).

Cross-reference list
Art. 52(4) Art. 53(c)