EPO case law: patentability of implants

A device defined by a feature which can only be generated by a surgical or therapeutic step (here: an implantable device for desynchronizing the activity of pathologically active brain areas comprising means for stimulating brain regions) is excluded from patenting under Article 53 (c) EPC. In continuation of T 775/97 (EPO BoA 15 February 2019,T 1731/12).