European Patent – Regulations about patentabillity of the human body and its elements

According to Rule 29 of the European Patent Convention (EPC) Implementing Regulations (IR),

(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.