EUROPEAN PATENT CONVENTION - Table of Contents Convention on the Grant of European Patents (European Patent Convention) PART II - SUBSTANTIVE PATENT LAW Chapter I - Patentability   Article 53 - Exceptions to patentability

Article 5339, 40 Exceptions to patentability

Art. 54, 100, 138 R. 28, 29

European patents shall not be granted in respect of:

(a) inventions the commercial exploitation of which would be contrary to "ordre public" or morality; such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;

(b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof;

(c) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; this provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

39 Amended by the Act revising the European Patent Convention of 29.11.2000.

40 See decisions of the Enlarged Board of Appeal G 3/95, G 1/98, G 1/03, G 2/03, G 1/04 (Annex I).