Patentable Inventions and Exclusions

As a general rule, the US policy on patentable subject matters represents an extreme with the most liberal definitions. 35 USC, 101 states that Whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof may obtain a patent therefor. 

At the other end of the spectrum, a number of countries still exclude several inventions - mainly on food and medicines - from patentability. (For a discussion of the underlying ethical and commercial considerations see, for example, Tobias, 1992.) In the last few years many of those countries have abolished these exclusions, others also consider changing their policies. 

The standard set by the EPC lies between these extremes. Many countries throughout the world have similar policies or have adopted the EPC statutes on patentable subject matter either literally or with minor modifications. It is likely that, wherever future changes of patent statutes are expected (e.g. in Eastern European and South American countries), these will also adopt at least major parts of the EPC standards. 

The EPC defines patentable inventions mainly by exclusions. Parts of Articles 52 and 53 EPC are quoted here since they also reflect the view and the exclusions valid for most other countries  

Article 53 EPC also excludes plant or animal varieties or essential biological processes for the production of plants or animals this provision does not apply to microbiological processes or the products thereof. 

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