4. Sequences and partial sequences of genes 

As a general rule, the description of a European patent application must state how the invention is capable of exploitation in industry unless this is self-evident. The invention claimed must have such a sound and concrete technical basis that the skilled person can recognise that its contribution to the art could lead to practical exploitation in industry (see T 898/05). This general requirement takes a specific form in cases of a sequence or partial sequence of a gene in that its industrial application must be disclosed in the patent application. A mere nucleic acid sequence without indication of a function is not a patentable invention (EU Dir. 98/44/EC, rec. 23). Where a sequence or partial sequence of a gene is used to produce a protein or a part of a protein, it is necessary to specify which protein or part of a protein is produced and what function it performs. Where a nucleotide sequence is not used to produce a protein or part of a protein, the function to be indicated could be, for example, that it exhibits a certain transcription promoter activity.