EUROPEAN PATENT CONVENTION:Implementing Regulations: PART II - IMPLEMENTING REGULATIONS TO PART II OF THE CONVENTION, Chapter VI - Biotechnological inventions, Rule 23e

Rule 23e - The human body and its elements

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Table of Contents

Preface

European Patent Convention

Implementing Regulations

Protocol on Recognition

Protocol on Centralisation

Protocol on Privileges and Immunities

Protocol on the Staff Complement

Rules Relating to Fees

Annex I

Annex II

Alphabetical keyword index

EUROPEAN PATENT CONVENTION- Table of Contents

Implementing Regulations

PART II - IMPLEMENTING REGULATIONS TO PART II OF THE CONVENTION

PART I - IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION

PART III - IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION

Chapter VI - Biotechnological inventions

Chapter I - Filing of the European patent application

Rule 23e - The human body and its elements

Rule 23e

The human body and its elements

(1) The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.

(2) An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.

(3) The industrial application of a sequence or a partial sequence of a gene must be disclosed in the patent application.

Art. 53
R. 27