A.54 EPC Novelty

(1)
An invention shall be considered to be new if it does not form part of the state of the art. 
(2)
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. 
(3)
Additionally, the content of European patent applications as filed, the dates of filing of which are prior to the date referred to in paragraph 2 and which were published on or after that date, shall be considered as comprised in the state of the art.
(4)
Paragraphs 2 and 3 shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method referred to in Article 53(c), provided that its use for any such method is not comprised in the state of the art.
Paragraphs 2 and 3 shall also not exclude the patentability of any substance or composition referred to in paragraph 4 for any specific use in a method referred to in Article 53(c), provided that such use is not comprised in the state of the art.
 
[ Art. 53 55 56 80 85 89 100 138 153 R. 40 42 61 138 165 ]
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See decisions/opinions of the Enlarged Board of Appeal G 2/88, G 6/88, G 1/92, G 3/93, G 1/98, G 2/98, G 3/98, G 2/99, G 1/03, G 2/03, G 2/08 of 19.02.2010 (Annex I).
See the notice from the EPO concerning the non-acceptance of Swiss-type claims following decision G 2/08 of the Enlarged Board of Appeal (OJ EPO 2010, 514).

324 references found. Limiting display to 200 references.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

EPC Implementing Rules

EPO Guidelines Foreword

EPO Guidelines - A Formalities Examination

EPO Guidelines - B Search

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - E General Procedural Matters

EPO Guidelines - F The European Patent Application

EPO Guidelines - G Patentability

EPO Guidelines - H Amendments and Corrections

EPO PCT GL - B Search

EPO PCT GL - C Procedureal Aspects Chapter II

EPO PCT GL - F (not assigned)

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

Case Law Book

Case Law Book: I Patentability

Case Law Book: II Conditions to be met by an Application

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

Case Law with Headnote

General Case Law

own subtype: guidelines