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About patents

A patent is a legal title granting its holder the right to prevent third parties from commercially exploiting an invention without authorisation.

Articles 52 and 53 of the European Patent Convention (EPC) stipulate what can and what cannot be patented. European patents are granted for inventions that

• are new,
• involve an inventive step, and
• are susceptible of industrial application.

An invention can belong to any field of technology.

Furthermore,

• discoveries, scientific theories and 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 considered to be inventions if the European patent application only relates to such subject-matter or activities as such.

In addition to this, inventions falling into any of the following categories are excluded from patentability:

• inventions whose commercial exploitation would be contrary to "ordre public" or morality
• plants and animal varieties or essentially biological processes for producing plants or animals (Microbiological processes and products thereof are not excluded)
• methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body. (Products, substances and compositions for use in such methods, e.g. medicaments or surgical instruments, are not excluded).

In return for the protection bestowed by the patent, the holder has to disclose the details of the invention. This information is published in the patent document so that everyone can benefit from it. The disclosure of the invention in exchange for patent protection is also known as the "patent bargain".

The EPO deals only in patents. It does not grant protection for other forms of intellectual property such as trade marks, designs or copyright.