An invention is considered to be new if it is not included in the state of the art.
The state of the art consists of everything that has been made available to the public before the filing date of the patent application by written or oral description, use or any other means.
The contents of French patent applications and European or international patent applications designating France, as filed, which have a filing date prior to that mentioned in the second paragraph of this Article and which have not been published until that date or a later date, shall also be deemed to be included in the state of the art.
The second and third paragraphs shall not exclude the patentability of a substance or composition included in the state of the art for the implementation of the methods referred to in Article L. 611-16, provided that its use for any of those methods is not comprised in the state of the art.
The second and third paragraphs also do not exclude the patentability of a substance or composition referred to in the fourth paragraph for any specific use in any method referred to in Article L. 611-16, provided that such use is not comprised in the state of the art.