EUROPEAN PATENT CONVENTION 1973 - Table of Contents CONVENTION PART II - SUBSTANTIVE PATENT LAW Chapter I - Patentability   Article 52 - Patentable inventions

Article 52 28 Patentable inventions

Art. 54, 56, 57, 100, 138 R. 23b, 23c, 23e

(1) European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.

(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:

(a) discoveries, scientific theories and mathematical methods;

(b) aesthetic creations;

(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

(d) presentations of information.

(3) The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.

(4) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall not be regarded as inventions which are susceptible of industrial application within the meaning of paragraph 1. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

28 See decisions of the Enlarged Board of Appeal G 1/83, G 5/83, G 6/83, G 1/98, G 1/03, G 2/03 (Annex I).