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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 26, 2007
Journal of Intellectual Property Law & Practice 2007 2(2):60-61; doi:10.1093/jiplp/jpl221
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Published by Oxford University Press. All rights reserved

Current Intelligence

Exclusion from patentability of diagnostic methods practised on the human body:Article 52(4) EPC

David Rogers
Legal Member, Boards of Appeal, European Patent Office, Munich, Germany
Email: drogers{at}epo.org

T-1197/02 of 12 July 2006, Application of the Australian National University—ex parte Board 3.3.02

The exclusion of diagnostic methods practised on the human body from patentability was subject to clarification from the Enlarged Board of Appeal in case G 1/04 of 16 December 2005. This case gives a practical example of the application of the Enlarged Board's decision.


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