4.6. Diagnostic methods

Under Art. 53(c) EPC diagnostic methods practised on the human or animal body are also excluded from patentability. However, the boards construe the exception applicable to diagnostic methods more narrowly than that applicable to surgical and therapeutic methods (G 1/04). In G 1/04 (OJ 2006, 334) the President of the EPO had referred fundamental questions relating to the interpretation of the term "diagnostic methods practised on the human or animal body" to the Enlarged Board of Appeal. The Enlarged Board of Appeal emphasised that its interpretation of the scope of the exclusion from patentability under Art. 52(4) EPC 1973 in respect of diagnostic methods practised on the human or animal body would remain valid under the EPC 2000.