Biomedical Engineering Reference
In-Depth Information
Document D2 discloses a composition suitable for use in the manufacture of
boat hulls and comprising B alloyed with C , D or E.
D2 teaches that the elements C and D may be in mixture with AB, whereas C,
D and E are elements which may be interchanged with B.
Therefore a person skilled in the art would be motivated to replace C or E for
the element D to obtain a good resistance to corrosion in a saline environment.
3.3.3 Industrial Application (Article 57: EPC)
An invention shall be considered as susceptible of industrial application if it can
be made or used in any kind of industry, including agriculture.
Art. 49 (Legislative Decree No. 30 of 10 February 2005)
An invention shall be considered as susceptible of industrial application if its
subject matter can be made or used in any kind of industry, including agriculture.
3.3.3.1 Comments
The industrial application requirement is suitable to exclude the patentability
of inventions which are not technically feasible (e.g. perpetual motion or time
machines), which violate physical principles or which were not technically feasi-
ble at the time when the patent application was filed.
3.3.3.2 Lawfulness (Art. 53 (a): EPC)
European patents shall not be granted in respect of inventions the commercial
exploitation of which would be contrary to public order or morality; such exploita-
tion 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.
Art. 50 (Legislative Decree No. 30 of 10 February 2005)
1. Inventions the implementation of which is contrary to public order or public
morality are not patentable.
2. The implementation of an invention cannot be considered to be contrary to pub-
lic order or public morality merely because it is prohibited by law or regulation.
3.3.3.3 Comments
Since article 50 EPC must be considered restrictively, its application has not been
frequent (for example, patenting cherry bombs)
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