Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
4. Industrial application
4.4 Industrial application vs. exclusion under Art. 52(2)
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
4. Industrial application4. Industrial application
  4.3 Method of testing4.3 Method of testing     4.5 Sequences and partial sequences of genes4.5 Sequences and partial sequences of genes  
 

4.4

Industrial application vs. exclusion under Art. 52(2)

 

It should be noted that "susceptibility of industrial application" is not a requirement that overrides the restriction of Art. 52(2), e.g. an administrative method of stock control is not patentable, having regard to Art. 52(2)(c), even though it could be applied to the factory store-room for spare parts. On the other hand, although an invention must be "susceptible of industrial application" and the description must indicate, where this is not apparent, the way in which the invention is thus susceptible (see II, 4.12), the claims need not necessarily be restricted to the industrial application(s).