Epo Medical Use Claim Format

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G‑VI, 7.1 First or further medical use of known products

https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_1.htm

Where the subject-matter of a claim is rendered novel only by a new therapeutic use of a medicament, the claim may no longer have the format of a so-called "Swiss-type" claim as instituted by decision G 5/83 ("Use of a substance or composition X for the …

Second medical uses at the EPO - Kilburn & Strode

https://www.kilburnstrode.com/knowledge/covid-19/patents-second-medical-use-cases-at-the-epo

Second medical uses at the EPO - Lexology

https://www.lexology.com/library/detail.aspx?g=c4eb8946-64cd-461d-bbb0-369313d4b793

In order to claim a second or subsequent medical use at the European Patent Office, the following claim format should be used: “Product X for use in the …

F‑IV, 4.16 Use claims - Guidelines for Examination - EPO

https://www.epo.org/law-practice/legal-texts/html/guidelines/e/f_iv_4_16.htm

Thus, a claim in the form indicated is not to be interpreted as directed to the substance X recognisable (e.g. by further additives) as intended for use as an insecticide. Similarly, a …

G‑VI, 7.1.5 Dependent claims pursuant to Art. 54(5)

https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_1_5.htm

Claim 1: Composition comprising X for use in the treatment of Y. Claim 2: Composition according to claim 1, comprising 5 mg X. The category of claim 2 is unclear and the …

Second medical use claims in pharmaceutical patents - IAM

https://www.iam-media.com/global-guide/innovation-invention-yearbook/2021/article/second-medical-use-claims-in-pharmaceutical-patents-sharp-sword-or-toothless-tiger

As the European Court of Justice (ECJ) has just recently held in its Santen judgment (C-673/18), second medical use claims are also not eligible to pharmaceutical …

Case Law of the Boards of Appeal - European Patent Office

https://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_c_7_2_3.htm

In T 1780/12 the board examined in the context of the issue of double patenting whether the subject-matter of a claim directed to a new medical use of a known compound was the …

PATENT CLAIM FORMAT AND TYPES OF …

https://www.wipo.int/edocs/mdocs/aspac/en/wipo_ip_phl_16/wipo_ip_phl_16_t5.pdf

Specific Claim Types Second Medical “Use” Claims Suppose chemical compound XYZ is already known, and has been used to treat diabetes. Assume that Inventor A discovers …

Swiss-type medical claim format no longer allowed at EPO

https://www.maucherjenkins.com/commentary/epo-swiss-type-medical-claim-format-no-longer-allowed

The Swiss-type claim format was devised to enable applicants to claim a second or further medical use of a known therapeutic substance. The format utilised the …

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