EUROPEAN PATENT – EXCEPTIONS TO PATENTABILITY

According to Article 53 of the European Patent Convention (EPC), European patents shall not be granted in respect of:

(a) inventions the commercial exploitation of which would be contrary to "ordre public" or morality; such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;  

(b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof; 
c) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; this provision shall not apply to products, in particular substances or compositions, for use in any of these methods. 

Prepared June 25th , 2026

by European Patent Registration and Consulting Services

provided by Lawyers Antevski – European patent law services

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