Non-Patentable Inventions
LexInter | September 25, 2017 | 0 Comments

Non-Patentable Inventions

Article L611-17

Inventions whose commercial exploitation would be contrary to the dignity of the human person, public order or good morals are not patentable, this annoyance not being able to result from the mere fact that such exploitation is prohibited by a legislative or regulatory provision. .

Article L611-18

The human body, at the various stages of its constitution and its development, as well as the simple discovery of one of its elements, including the total or partial sequence of a gene, cannot constitute patentable inventions.

Only an invention constituting the technical application of a function of an element of the human body can be protected by patent. This protection covers the element of the human body only to the extent necessary for the performance and operation of this particular application. This must be concretely and precisely set out in the patent application.

In particular, the following are not patentable:

  1. a) The processes for cloning human beings;
  2. b) Processes for modifying the genetic identity of humans;

(c) The uses of human embryos for industrial or commercial purposes;

  1. d) The total or partial sequences of a gene taken as such.

Article L611-19

  1. – Are not patentable:

1 ° Animal races;

2 ° Plant varieties as defined in Article 5 of Council Regulation (EC) No. 2100/94 of July 27, 1994, establishing a Community plant variety protection system;

3 ° Essentially biological processes for obtaining plants and animals; are considered as such the processes which rely exclusively on natural phenomena such as crossing or selection;

4 ° Processes for modifying the genetic identity of animals likely to cause them suffering without substantial medical benefit for humans or animals, as well as animals resulting from such processes.

  1. – Notwithstanding the provisions of I, inventions relating to plants or animals are patentable if the technical feasibility of the invention is not limited to a specific plant variety or animal breed.

III. – The provisions of 3 ° of I do not affect the patentability of inventions having as their object a technical process, in particular microbiological, or a product obtained by such a process; is regarded as a microbiological process any process using or producing a biological material or involving an intervention on such material

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