Novelty under the European Patent Convention

Under the European Patent Convention (EPC), European patents shall be granted for inventions which inter alia are new. The central legal provision explaining what this means, i.e. the central legal provision relating to the novelty under the EPC, is Article 54 EPC. Namely, "an invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of Article 54(1) EPC is to prevent the state of the art being patented again."^[1]

^ EPO Board of Appeal Case Law, Special edition 2, Official Journal 2009, p. 18. See also decision T 12/81 of February 9, 1982, reasons 5: "(...) The purpose of Article 54(1) EPC is to prevent the state of the art being patented again."

[1] EPO Board of Appeal Case Law, Special edition 2, Official Journal 2009, p. 18. See also decision T 12/81 of February 9, 1982, reasons 5: "(...) The purpose of Article 54(1) EPC is to prevent the state of the art being patented again."

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