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EPC 1973 EPC 2000
R. 23e R. 29


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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.
EUROPEAN PATENT CONVENTION 1973 - Table of Contents
IMPLEMENTING REGULATIONS TO THE CONVENTION ON THE GRANT OF EUROPEAN PATENTS European Patent Convention Protocol on Recognition
PART II - IMPLEMENTING REGULATIONS TO PART II OF THE CONVENTION PART I - IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION PART III - IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION
Chapter VI - Biotechnological inventions Chapter V - Prior European applications  
Rule 23e - The human body and its elements Rule 23d - Exceptions to patentability  


Rule 23e

The human body and its elements

Art. 53
R. 27



(1) The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.


(2) An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.


(3) The industrial application of a sequence or a partial sequence of a gene must be disclosed in the patent application.



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