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
2010
Case Summary
Pre-grant flexibilities
Keywords
Jurisdiction