3 Patent 3 Patent
3.1 Convention on the Grant of European Patents (extracts) 3.1 Convention on the Grant of European Patents (extracts)
Article 52 Patentable inventions
(1)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.
(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)Paragraph 2 shall exclude the patentability of the subject-matter or activities referred to therein only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
Art. 54 EPC – Novelty
1.An invention shall be considered to be new if it does not form part of the state of the art.
2.The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.
3.Additionally, the content of European patent applications as filed, the dates of filing of which are prior to the date referred to in paragraph 2 and which were published on or after that date, shall be considered as comprised in the state of the art.
Art. 56 EPC – Inventive step
An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, these documents shall not be considered in deciding whether there has been an inventive step.
Art. 69 EPC Extent of protection
(1) The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims.
3.2 Agrement on a Unified Patent Court, 2013/C 175/01 (extracts) 3.2 Agrement on a Unified Patent Court, 2013/C 175/01 (extracts)
Article 25 Right to prevent the direct use of the invention
A patent shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the following:
- making, offering, placing on the market or using a product which is the subject-matter of the patent, or importing or storing the product for those purposes;
- using a process which is the subject-matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the patent proprietor, offering the process for use within the territory of the Contracting Member States in which that patent has effect;
- offering, placing on the market, using, or importing or storing for those purposes a product obtained directly by a process which is the subject-matter of the patent.
Article 26 Right to prevent the indirect use of the invention
1. A patent shall confer on its proprietor the right to prevent any third party not having the proprietor’s consent from supplying or offering to supply, within the territory of the Contracting Member States in which that patent has effect, any person other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.
2. Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 25.
3. Persons performing the acts referred to in Article 27(a) to (e) shall not be considered to be parties entitled to exploit the invention within the meaning of paragraph 1.