4
combination of known means, or a new
the prior art, either in the means,
product.
application, combination of means or
product that is the subject thereof, or in the
Art.8. A means shall be considered new if
result which it provides.
it refers in particular to a new
manufacturing process.
Art.10. An invention shall be capable of
being exploited as the subject matter of
The patent shall in this case be limited to
industry or trade if its subject matter may
the use of this process and may not
be produced or used in any kind of
therefore prevent the same product being
industry.
obtained by another means.
The term “industry” must be understood in
An application or a combination of known
the broadest sense of the term. It shall
means shall be considered new if the
cover, in particular, crafts, agriculture,
means used produce a result different from
fisheries and services.
the one they made it possible to obtain
before.
Art.11. An invention concerning a drug
may only be patented if its subject matter
The new combination may entail a joint
is a product, substance or composition that
functioning of assembled bodies which
has been presented for the first time as
must cooperate to obtain a joint outcome.
constituting a drug.
However, the mere juxtaposition of said
bodies shall not be considered a new
combination.
Chapter 3 – Nonpatentable inventions
A product shall be considered new if it
relates to an object featuring characteristics
Art.12. Subject to the provisions relating
and advantages not found in previous
to Chapter 6 of this Title, and without
similar products.
prejudice to the express legal or regulatory
provisions, the following shall not be
Art.9. An invention shall be deemed to
considered patentable:
stem from an inventive activity if, in the
1. theoretical or purely scientific principles
view of an expert, it is not obvious from
and conceptions;
Formatted: French (France)