An invention shall be protected by patent if it is new, involves an inventive step and is susceptible of industrial application. An invention shall be considered to be new if it does not form part of the prior art. For the determination of novelty, items of prior art may only be taken into account individually.

An invention shall be considered to involve an inventive step if, having regard to the prior art, it is not obvious to a person skilled in the art. If the prior art also includes documents within the meaning of Article 3 (3), these documents are not to be considered in deciding whether there has been an inventive step.