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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 …

7.2. Level of disclosure required for medical use - EPO

    https://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_c_7_2.htm
    For second-medical-use claims, on the other hand, it is required not only that the composition itself is disclosed in an enabling way but also that its suitability 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

    7. First and second medical use - Case Law of the …

      https://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_c_7.htm
      Case Law of the Boards of Appeal of the European Patent Office; Foreword to the ninth edition; Detailed table of contents; Reader's Guide; I. Patentability; II. Patent application …

    G‑VI, 7.1.1 Products that may be claimed for a further …

      https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_1_1.htm
      A claim directed to a device for an intended medical use (e.g. pacemaker or implantable chemical sensor for use in ...) must be construed as claiming a device which is suitable …

    Case Law of the Boards of Appeal - European Patent Office

      https://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_a_3_4.htm
      The claim was thus allowable under Art. 84 EPC 1973. In T 241/95 (OJ 2001, 103) the Swiss-type second medical use claim defined the disease or disorder to be treated …

    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 2: Composition according to claim 1, comprising 5 mg X. The category of claim 2 is unclear and the dependency is doubtful. The claim appears to depend on a claim …

    PATENT CLAIM FORMAT AND TYPES OF …

      https://www.wipo.int/edocs/mdocs/aspac/en/wipo_ip_phl_16/wipo_ip_phl_16_t5.pdf
      Second Medical “Use” Claims Suppose chemical compound XYZ is already known, and has been used to treat diabetes. Assume that Inventor A discovers that compound XYZ is …



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