Examples - Treatment Method

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Thomas invents a method for treating a disease in humans and files an international patent application on his invention. The method claims in his application are searched by the USPTO in its role as the ISA but, when he selects the EPO as the IPEA, he is informed that the EPO will not examine the method claims.

Hypothetical Example No. 2. Amelia invents an apparatus for treating a disease in animals and files an international patent application on the apparatus. The apparatus claims in her application are searched by the USPTO in its role as the ISA and are examined by the EPO in its role as the IPEA.

Hypothetical Example No. 3. Alexander invents an apparatus and method for diagnosing a disease in animals and files an international patent application on the apparatus and method. The apparatus claims and the method claims in his application are searched by the USPTO in its role as the ISA but only the apparatus claims are examined by the EPO in its role as the IPEA.

Hypothetical Example No. 4. Buckminster invents a method for treating a disease in humans and files an international patent application on his invention. The method claims in his application are searched by the USPTO in its role as the ISA and are examined by the USPTO in its role as the IPEA. Buckminster's application enters the national stage in the U.S. and issues as a U.S. patent. When he attempts to enforce his patent against a medical practitioner who is practicing his claimed method in the U.S., he is informed that the method qualifies as a "medical activity" and he cannot enforce his patent against the practitioner.