INFORMATION FROM THE EPO
Notice from the European Patent Office dated 26 January 2004 concerning diagnostic methods
In accordance with Article 112(1)(b) EPC, the President of the European Patent Office has referred points of law relating to the interpretation of the term "diagnostic methods practised on the human or animal body" within the meaning of Article 52(4) EPC to the Enlarged Board of Appeal (see http://www.european-patent-office.org/dg3/g_dec/pdf/g012004). The case is pending under ref. No. G 1/04.
Until the Enlarged Board of Appeal has issued its decision in this case, all proceedings before the EPO first-instance departments (examining and opposition divisions) where the decision depends entirely on the Enlarged Board of Appeal's decision will, in accordance with T 166/84 (OJ EPO 1984, 489), be suspended.