Bruker/ Non-invasive measurement, T385/86 1988, EPOR
Citation: Bruker/ Non-invasive measurement, T385/86 1988, EPOR
Rule of thumb: Are new diagnostic methods patentable? This is a grey area of patent law – if a product or composition is sufficiently changed, yes, if it is a minor tweak/skill, no.
Judgment:
Diagnostic methods are not deemed to be patentable, again through the intention of the legislature. However, there were arguments over whether part of a diagnostic method was patentable. The Court held that breakthroughs which form only part of a diagnostic method, and provided interim results, were patentable. The Court provided guidance on what was meant by diagnostic methods, ‘... steps to be carried out prior to making a diagnosis as an intellectual exercise... are related to examination, data gathering and comparison... If only one of the preceding steps which are constitutive for making such a diagnosis is lacking, there is no diagnostic method, but at best a method of data acquisition or data processing that can be used in a diagnostic methods...’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.