GL G II 3.5.1 Schemes, rules and methods for performing mental acts

The exclusion from patentability of schemes, rules and methods for performing mental acts under Art. 52(2)(c) concerns instructions to the human mind on how to conduct cognitive, conceptual or intellectual processes, for instance how to learn a language. The exclusion applies only when such schemes, rules and methods are claimed as such (Art. 52(3)).[Art.

Subject-matter relating to aesthetic creations will usually have both technical aspects, e.g. a "substrate" such as a canvas or a cloth, and aesthetic aspects, the appreciation of which is essentially subjective, e.g. the form of the image on the canvas or the pattern on the cloth.

GL G II 3.3.2 Simulation, design or modelling

Claims directed to methods of simulation, design or modelling typically comprise features which fall under the category of mathematical methods or of methods for performing mental acts.

GL G II 3.3.1 Artificial intelligence and machine learning

Artificial intelligence and machine learning are based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis. Such computational models and algorithms are per se of an abstract mathematical nature, irrespective of whether they can be "trained" based on training data.

GL G II 3.3 Mathematical methods

Mathematical methods play an important role in the solution of technical problems in all fields of technology. However, they are excluded from patentability under Art. 52(2)(a) when claimed as such (Art. 52(3)).[Art. 52(2)(a); ]

The exclusion applies if a claim is directed to a purely abstract mathematical method and the claim does not require any technical means.

GL G II 3.2 Scientific theories

These are a more generalised form of discoveries, and the same principle as set out in G‑II, 3.1 applies. For example, the physical theory of semiconductivity would not be patentable. However, new semiconductor devices and processes for manufacturing these may be patentable.[Art. 52(2)(a); ]

GL G II 3.1 Discoveries

If a new property of a known material or article is found, that is mere discovery and unpatentable because discovery as such has no technical effect and is therefore not an invention within the meaning of Art. 52(1). If, however, that property is put to practical use, then this constitutes an invention which may be patentable. For example, the discovery that a particular known material is able to withstand mechanical shock would not be patentable, but a railway sleeper made from that material could well be patentable.

GL G II 3 List of exclusions

The items on the list in Art. 52(2) will now be dealt with in turn, and further examples will be given in order better to clarify the distinction between what is patentable in the sense of not being excluded from patentability under Art. 52(2) and (3) and what is not.

3.1 Discoveries

GL G II 2 Examination practice

In considering whether the subject-matter of an application is an invention within the meaning of Art. 52(1), there are two general points the examiner must bear in mind. Firstly, any exclusion from patentability under Art. 52(2) applies only to the extent to which the application relates to the excluded subject-matter as such (Art. 52(3)).

GL G II 3.5.1 Schemes, rules and methods for performing mental acts

GL G II 3.5 Schemes, rules and methods for performing mental acts, playing games or doing business

GL G II 3.4 Aesthetic creations

GL G II 3.3.2 Simulation, design or modelling

GL G II 3.3.1 Artificial intelligence and machine learning

GL G II 3.3 Mathematical methods

GL G II 3.2 Scientific theories

GL G II 3.1 Discoveries

GL G II 3 List of exclusions

GL G II 2 Examination practice

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