This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive legal principles governing ...
This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive legal principles governing patentable subject matter contained in European (EPC and EU) law. The basic rule of European patentability is contained in Article 52(1) EPC, according to which: 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
. It follows that only inventions that have the properties of being new, inventive, and susceptible of industrial application may be patented. Inventions are central to European patent law for two reasons. First, the invention is the basic subject matter of patent protection, equivalent to the work in copyright law and the mark in trade mark law. Thus, the requirement for an invention has the essential role of filtering protectable from nonprotectable subject matter. Second, the invention denotes the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. ...Less