A. Patentable inventions
1. Patent protection for technical inventions
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This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
The four essential preconditions governing the patentability of inventions under the EPC are laid down in Art. 52(1) EPC, which reads: "European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application."
Art. 52(1) EPC expresses the fundamental principle of a general entitlement to patent protection for any invention in all technical fields (see G 5/83, OJ 1985, 64, point 21 et seq. of the Reasons; G 1/98, OJ 2000, 111, point 3.9 of the Reasons; G 1/03, OJ 2004, 413, point 2.2.2 of the Reasons; G 1/04, OJ 2006, 334, point 6 of the Reasons; T 154/04; OJ 2008, 46, 62, point 6 of the Reasons). Any limitation to the general entitlement to patent protection is thus not a matter of administrative or judicial discretion, but must have a clear legal basis in the EPC (see G 2/12, of 25.03.2015, OJ 2016, A28; T 154/04).