Decision on treatment by surgery/Medi-Physics, G-1/7 (Enlarged Board of Appeal, European Patent Office, 15 February 2010)

Case Description

The Enlarged Board of Appeal decided that the presence of one surgical step in a multi-step method is sufficient to exclude the method from patentability. The exclusion of methods of surgery is not limited to a therapeutic purpose. Medical skills and health risks are further criteria to determine a method as surgical and the possible use of a non-surgical method in a surgical method does not result in the non-surgical method being excluded from patentability.

Decision Year
Pre-grant flexibilities