How Europe has learnt how to Deal with Exclusions from Patentability

Abstract

The issue of subject matter that is excluded from patentability as not being patentable subject matter is one of lively current interest in the USA. European patent law, albeit under a different legislative framework, and one which unlike that in the USA specifically lists certain exclusions from patentability, has had to grapple with similar issues, but has over time largely resolved these so as to focus instead on the more familiar issues of novelty and inventive step. This article discusses how this resolution has taken place in Europe and what conclusions can be drawn from this experience for other jurisdictions.