3.4 Aesthetic creations 

Subject-matter relating to aesthetic creations will usually have both technical aspects, e.g. a "substrate" such as a canvas or a cloth, and aesthetic aspects, the appreciation of which is essentially subjective, e.g. the form of the image on the canvas or the pattern on the cloth. If an aesthetic creation has technical aspects, it is not an aesthetic creation "as such" and it is not excluded from patentability.

A feature which does not in itself involve any technical aspect could have technical character if it brings about a technical effect. For example, the pattern of a tyre tread may actually be a further technical feature of the tyre if, for example, it provides improved channelling of water. By contrast, this would not be the case for a particular colour of the tyre's sidewall that serves only an aesthetic purpose.

The aesthetic effect itself is not patentable, neither in a product nor in a process claim.

For example, features relating solely to the aesthetic or artistic effect of a book's information content, or to its layout or letter font, would not be considered technical features. Nor would features such as the aesthetic effect of a painting's subject, the arrangement of its colours or its artistic (e.g. Impressionist) style be technical. Nevertheless, where an aesthetic effect is obtained by a technical structure or other technical means, the aesthetic effect itself will not be of technical character, but the means of obtaining it may be. For example, a fabric may be provided with an attractive appearance by means of a layered structure not previously used for this purpose, in which case a fabric incorporating that structure might be patentable.

Similarly, a book defined by a technical feature of the binding or pasting of the back is not excluded from patentability under Art. 52(2) and Art. 52(3), even though it has an aesthetic effect too. A painting defined by the kind of cloth, or by the dyes or binders used, is likewise not excluded.

Even if it is used to produce an aesthetic creation (such as a cut diamond), a technical process remains a technical process and is not excluded from patentability. A printing technique for a book that results in a particular layout with an aesthetic effect is not excluded, and nor is the book as a product of that process. A substance or composition defined by technical features serving to produce a special effect with regard to scent or flavour, e.g. to preserve it for longer or to accentuate it, is likewise not excluded.