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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 26, 2007
Journal of Intellectual Property Law & Practice 2007 2(2):62-63; doi:10.1093/jiplp/jpl220
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Published by Oxford University Press. All rights reserved

Current Intelligence

Requirement of industrial application, exclusion of scientific theories from patentability, perpetual motion machines

David Rogers
Legal Member, Boards of Appeal, European Patent Office, Munich, Germany
Email: drogers{at}epo.org

T 1538/05 of 28 August 2006–Einstein–Bohr end: new atomic scale physics, electric field: neutrinos and electrons in conversions, perpetual motion. Development: seisms, extinguished volcanos, created islands, big bang energy—ex parte, Board of Appeal 3.2.04

This decision provides a clear example of how to apply the exclusion from patentability of scientific theories, as well as how perpetual motion machines are incapable of industrial application.


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