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Wednesday, January 28, 2004

EPO Patents on diagnostic methods: Referral to the EBA.

From the

EPO website: "In accordance with

Article 112(1)(b) EPC, the President of the European Patent Office has referred

points of law [in German] 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. 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. "

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