T 0116/85 (Pigs I) of 14.10.1987

European Case Law Identifier: ECLI:EP:BA:1987:T011685.19871014
Date of decision: 14 October 1987
Case number: T 0116/85
Application number: 81108424.3
IPC class: H01N 25/02
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 685 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Wellcome
Opponent name: -
Board: 3.3.01
Headnote: 1. Under the proper interpretation of Articles 52 and 57 EPC in their context, even though the therapeutic treatment of animals is commonly an aspect of agriculture, and agricultural methods in general are potentially patentable subject-matter, nevertheless the particular methods of treatment of animals defined in Article 52(4) EPC are excluded from patentability. For the particular methods of treatment of animals defined in Article 52(4) EPC, the prohibition against patentability set out in Article 52(4) EPC takes precedence over Article 57 EPC.
2. If a claimed method requires the treatment of an animal body by therapy, it is a method which falls within the prohibition on patentability set out in Article 52(4) EPC. It is not possible as a matter of law to draw a distinction between such a method as carried out by a farmer and the same method as carried out by a veterinarian, and to say that the method when carried out by a farmer is an industrial activity and therefore patentable under Article 57, and when carried out by a veterinarian is a therapeutic treatment not patentable under Article 52(4). Nor is it possible as a matter of law to distinguish between the use of such a method for the treatment of ectoparasites and endoparasites.
Relevant legal provisions:
European Patent Convention 1973 Art 52(4)
European Patent Convention 1973 Art 57
Keywords: Therapeutical treatment includes treatment of ectoparasites on pigs
Exclusion from patentability
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0001/04
G 0002/08
T 0820/92
T 0329/94
T 1054/96
T 0807/98
T 0035/99
T 0964/99
T 0338/00
T 0383/03
T 1172/03

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Offical Journal of the EPO

Case Law Book: I Patentability

Case Law of the Enlarged Board

General Case Law