4.4.1 One surgical step in a multi-step method

Opinion G 1/04 (OJ 2006, 334) made it clear that a method claim falls under the prohibition of Art. 52(4) EPC 1973 if it includes at least one feature defining a physical activity or action that constitutes a method step for treatment of the human or animal body by surgery or therapy.

In G 1/07 the Enlarged Board upheld this principle confirmed in opinion G 1/04 (OJ 2006, 334). This principle is not only formally justified by the fact that the exclusion under Art. 53(c) EPC does not contain any limitation as to the defined methods being excluded only when claimed as such. More importantly, it is also justified as to substance, i.e. it enables the legislative purpose served by the exclusion to be achieved (see in this chapter I.B.4.1.).