Art. 54 - Novelty

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Article 54 Novelty					OJ 8-9/2009, 456	Guidelines B X 9.2.1 F IV 4.23 G VI

(1) An invention shall be considered to be new if it does not form part of the state of the art.						G IV 1.

(2) The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.					- G 2/10 - CBA III.G.4.3.2 - CBA III.G.4.3.3 - T50/02 - T381/87	B VI 5.1 G IV 1. G IV 7. G IV 7.3.1

(3) 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.					- G 2/10	B VI 4.1 B X 9.2.6 D X 10.1 F II 4.3 F IV 2.3.1 G IV 5.1

(4) 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.					- G 2/08	G II 4.2

(5) 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.					- G 2/08


Amended by the Act revising the European Patent Convention of 29.11.2000


Related provisions		Case Law				Case Law from the Contracting States
Articles	Rules	EBoA	BoA	Search		Case Law from the Contracting States
Art. 53 Art. 55 Art. 56 Art. 80 Art. 85 Art. 89 Art. 100 Art. 138 Art. 153	R. 40 R. 42 R. 61 R. 138 R. 165	G 2/10 G 2/08 G 2/03 G 1/03 G 2/99 G 3/98 G 2/98 G 3/93 G 1/92 G 6/88 G 2/88	CBA I.C.	BoA decisions		- Special edition 3 of OJ EPO 2011/21 - Special edition 3 of OJ EPO 2011/65 - Special edition 3 of OJ EPO 2011/74 - Special edition 3 of OJ EPO 2011/147 - Special edition 3 of OJ EPO 2011/199 - Special edition 3 of OJ EPO 2011/213 - Special edition 3 of OJ EPO 2011/231 - Special edition 3 of OJ EPO 2011/238