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.
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.
(5)[ 44 ]
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.
Amended by the Act revising the European Patent Convention of 29.11.2000.
See notice from the EPO of 20.09.2010 (OJ EPO 2010, 514).
Date retrieved: 17 May 2021
762 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 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
XGL D IV 1.2.2 Deficiencies which, if not remedied, lead to the opposition being rejected as inadmissible
XGL D X 10.2 Limitation is different for different contracting states because the claims as granted were different for different contracting states
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
XGL F VI 2.4.3 Multiple priorities claimed for different inventions in the application with an intermediate publication of one of the inventions
XGL F VI 2.4.4 A situation in which it has to be checked whether the application from which priority is actually claimed is the "first application" within the meaning of Art. 87(1)
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
XGL H III 4.2 Different text in respect of the state of the art according to Art. 54(3) EPC and Art. 54(4) EPC 1973
XGL H V 4.1 The subject-matter to be excluded is not disclosed in the application as originally filed (so-called undisclosed disclaimers)
EPO PCT GL - B Search
XGL-PCT B VIII 2.1 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body
EPO PCT GL - C Procedureal Aspects Chapter II
EPO PCT GL - F (not assigned)
EPO PCT GL - G Patentability
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Case Law Book: I Patentability
XCLR I C 2.4.2 Applicability of Article 54(3) EPC in cases of potentially colliding European parent and divisional applications
Case Law Book: II Conditions to be met by an Application
XCLR II D 5.3.1 Development of the case law after G 2/98 in respect of generically formulated "OR" claims