T 0116/85 (Pigs I) du 14.10.1987

1. Under the proper interpretation of Articles 52 and 57 EPC in their context, even though the therapeutic treatment of animals is commonly an aspect of agriculture, and agricultural methods in general are potentially patentable subject-matter, nevertheless the particular methods of treatment of animals defined in Article 52(4) EPC are excluded from patentability. For the particular methods of treatment of animals defined in Article 52(4) EPC, the prohibition against patentability set out in Article 52(4) EPC takes precedence over Article 57 EPC.

2. If a claimed method requires the treatment of an animal body by therapy, it is a method which falls within the prohibition on patentability set out in Article 52(4) EPC. It is not possible as a matter of law to draw a distinction between such a method as carried out by a farmer and the same method as carried out by a veterinarian, and to say that the method when carried out by a farmer is an industrial activity and therefore patentable under Article 57, and when carried out by a veterinarian is a therapeutic treatment not patentable under Article 52(4). Nor is it possible as a matter of law to distinguish between the use of such a method for the treatment of ectoparasites and endoparasites.