The human body, at the various stages of its constitution and development, as well as the simple discovery of one of its elements, including the total or partial sequence of a gene, cannot constitute patentable inventions.
Only an invention constituting the technical application of a function of an element of the human body can be protected by patent. This protection covers the element of the human body only to the extent necessary for the realisation and exploitation of this particular application. This must be concretely and precisely set out in the patent application.
The following in particular are not patentable:
a) Processes for cloning human beings;
b) Processes for modifying the genetic identity of human beings;
c) Uses of human embryos for industrial or commercial purposes;
d) Total or partial sequences of a gene taken as such.