European and Spanish patent

and trademark attorneys

The list of elements or activities that are not considered inventions (e.g. computer programs) remains unchanged. However, the wording is adapted to article 52.3 of the EPC since the exclusion only applies to the extent that the patent application or patent relates exclusively to one of said elements or activities as such.

The exception to patentability related to surgical or therapeutic treatment methods of the human or animal body and to diagnostic methods applied to the human or animal body is no longer linked to the lack of industrial applicability.

First medical use of substances or compositions is now patentable as well as their second medical uses in the form of purpose-related product claims.

DNA with no indication of any biological function is explicitly added to the list of exceptions to patentability.

European patent applications and National Phase of a PCT in Spain that have an earlier filing date but are published later are explicitly added as prior art for novelty, provided they are published in Spanish initially or at a later stage.