n Without Prejudice - What constitutes medical surgery : intellectual property

Volume 12, Issue 9
  • ISSN : 1681-178X



Article 53(c) of the European Patent Convention (EPC 2000) excludes methods of treatment of the human or animal body by therapy or surgery from being patentable at the European PatentOffice (EPO). Similarly, s25(11) of the South African Patents Act contains such an exclusion. The Enlarged Board of Appeal at the EPO usually decides on matters where case law of the EPO Boards of Appeal diverges, thus the most significant decision on methods of treatment by surgery was adopted in an Enlarged Board of Appeal case, G1/07.

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