Pretty much as in the Andean Community Regime, under the European Patent Convention 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.
The differences, however, rely on the way that each of those systems define and limit the different concepts surrounding the requirements. The European Union approaches to them as follows:
Novelty:
An invention shall be considered to be new if it does not form part of the state of the art.
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.
Additionally, the content of European patent applications as filed, the dates of filing of which are prior to the filing date of the Application and which were published on or after that date, shall be considered as comprised in the state of the art.
The aforementioned dispositions shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, provided that its use for any such method is not comprised in the state of the art; neither exclude the patentability of any substance or composition referred to for any specific use in a method for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, provided, again, that such use is not comprised in the state of the art.
A disclosure of the invention, however, shall not be taken into consideration if it occurred no earlier than six months preceding the filing of the European Patent application and if it was due to, or in consequence of (a) an evident abuse in relation to the applicant or his legal predecessor, or (b) the fact that the applicant or his legal predecessor has displayed the invention at an official, or officially recognized, international exhibition falling within the terms of the Convention on international exhibitions signed at Paris. This has been known as non-prejudicial disclosures, and are considered as exceptions to the lack of novelty exclusively under the European Patent Convention.
For the exception to apply in case (b), the applicant must state, when filing the European application, that the invention has been so displayed, and file a supporting certificate within the time limit and under the conditions laid down in the Implementing Regulations.
As you may notice, the European Patent Convention does not contemplate a grace period. The implications of that omission will be addressed afterwards.
Involve an 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 the content of European patent applications as filed, these documents shall not be considered in deciding whether there has been an inventive step.
And are susceptible of industrial application:
An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.
Under the European Patent Convention, the following shall not be regarded as inventions:
- Discoveries, scientific theories and mathematical methods;
- Aesthetic creations;
- Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; and
- Presentations of information.
The aforementioned 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.
Exceptions to patentability:
European patents shall not be granted in respect of:
- 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
- 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
- Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced 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
