2012-01-27

Distinguishing therapeutic methods from non-therapeutic methods

According to Art. 53(c) EPC, European patents are not to be granted in respect of methods for treatment of the human or animal body by therapy, due to ethical reasons. For these kinds of inventions, protection in the form of first medical uses or purpose related product claims are instead available (see Art. 54(4) and (5) EPC).

However, non-curative methods for treatment, such a cosmetic treatment (provided not surgical) or the prevention of pregnancy, have been considered as patentable as such methods are not aimed to maintaining or restoring health or preventing disease.

It is generally accepted before the European Patent Office (EPO) that for inventions directed to methods for treatment which both have a therapeutic and a non-therapeutic effect, these two effects have to be distinguishable and the claims must be directed to only the non-therapeutic method or use in order to be patentable.

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// Annika Unge Reis