Can methods applied to the human body be patented?
Living matter: treatment methods, the human body... what can be patented?
Practical sheet REF: FIC1645 V1
Can methods applied to the human body be patented?
Living matter: treatment methods, the human body... what can be patented?

Author : Virginie BRUNOT

Publication date: December 10, 2017 | Lire en français

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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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