2. Can methods applied to the human body be patented?
2.1 Principle
article L. 611-16 du Code de la propriété intellectuelle excludes from patentability:
methods of surgical or therapeutic treatment of the human body ;
diagnostic methods applied to the human body.
However, this prohibition is limited to "methods" and does not apply to products used to implement these methods.
For European patent applications, the exclusion principle is set by
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Can methods applied to the human body be patented?
Can an invention involving the human body, its elements or derivatives be patented?
Bibliography
Also in our database
Bibliography
Joanna Schmidt-Szalewski – Caroline Rodà, Répertoire de droit européen, Brevet, 2014 (update: 2017), Dalloz.
The patentability of living matter, B. Orès, F. Paris,...
Regulations
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Code de la propriété intellectuelle
articles L. 611-10, L. 611-16, L. 611-17, L. 611-18
Websites
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