< Back to latest news & events

HGF Presents

Diagnostic Method Claims at the European Patent Office

September 2025

Video overview:

Why Claims can be Rejected

Diagnostic method claims can be refused if they include all four steps of the diagnostic process involving interaction with the human or animal body:
Interaction with the human or animal body.
Comparison against standard values.
Finding significant deviations.
Attribution of deviation to a clinical situation.
If any step is missing or no interaction with the body is claimed, the exclusion does not apply.

Drafting Tips to Overcome Rejection

Consider drafting claims without the final diagnosis step, e.g., focus on a new method of data collection.
Avoid steps requiring interaction with the body if possible; instead, define methods as performed in vitro or ex vivo.
If all four steps are claimed and interaction occurs, convert the claim into a first or second medical use claim, using a compound or composition. (Note: Diagnostic medical devices cannot be protected this way.)

Practical Reminders

The EPO applies a strict test for added subject matter — draft carefully to avoid post-filing issues.
Ensure the claims clearly separate the technical method from the excluded diag

Latest updates

Event - 24th June 2026

IP Clinic for SMEs at ETZ EnergyWorks

Following the success of our first session, we’re pleased to announce our next Intellectual Property (IP) clinic taking place at ETZ EnergyWorks in Aberdeen on Wednesday 24 June 2026, from …

Event details
Event - 2nd June 2026

HGF are proud sponsors of Retail Week General Counsel 2026

HGF is proud to be sponsoring Retail Week General Counsel. This will take place on Wednesday 3rd June at Ham Yard Hotel. The retail legal landscape is undergoing a fundamental …

Event details
Event - 5th May 2026

IP Clinic for SMEs at ETZ EnergyWorks

We’re pleased to announce a free Intellectual Property (IP) clinic taking place at ETZ EnergyWorks in Aberdeen on Wednesday 27th May, from 11.00am to 4.00pm, designed to support SMEs in …

Event details
Event - 11th - 12th May 2026

HGF is proud to be attending the 14th Microbiome R&D and Business Collaboration Forum: Europe 8th Skin Microbiome and Cosmeceuticals Congress: Europe.

HGF is proud to be attending the 14th Microbiome R&D and Business Collaboration Forum: Europe 8th Skin Microbiome and Cosmeceuticals Congress: Europe. It will be held on Monday 11-12th May …

Event details
Event - 27th April 2026

HGF are proud to be Gold Sponsors of IP Counsel Café

HGF are proud to be Gold Sponsors of IP Counsel Café on 12-14th May at Silicon Valley, US. HGF Partner Susan Keston will be speaking at on the topic AI …

Event details
Event - 16th April 2026

MedTech Innovation Summit 2026

HGF Partner and Patent Attorney Adam Hines will be attending the MedTech Innovation Summit Dublin 2026, taking place from 28–30 April at The Shelbourne Hotel. As one of Europe’s premier …

Event details
Event - 2nd - 6th May 2026

INTA 2026 Annual Meeting

HGF’s European team are delighted to be attending the INTA Annual Meeting 2026, taking place from 2nd-6th May in London. As one of Europe’s leading IP firms, HGF brings together …

Event details
Event - 25th March 2026

HGF Women IP Inclusive Event

HGF are hosting Connected Bubbles Networking Event on Wednesday 25 March 2026 and this year they are teaming up with CIPA! In a profession built on collaboration, referrals and trusted …

Event details