Consequently, the exclusion of methods of treatment and diagnostic methods formerly referred to in Art. 52(4) EPC 1973
has been added to the two exceptions to patentability and reappears in the new Art. 53(c) EPC
. While these surgical or therapeutic methods constitute inventions, they were excluded from patentability by the fiction of their lack of industrial applicability. It was undesirable to uphold this fiction since methods of treatment and diagnostic methods are excluded from patentability in the interests of public health. lt was therefore preferable to include these inventions in the exceptions to patentability in order to group the three categories of exceptions to patentability together in Art. 53(a)
and (c) EPC
. Thus, a change in the EPO's current practice regarding these inventions is not envisaged (confirmed in G 1/07
, OJ 2011, ***, point 22.214.171.124 of the Reasons).