First Medical Use Claim

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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 manufacture …

Specific Types of Claims - WIPO

https://www.wipo.int/edocs/mdocs/aspac/en/wipo_ip_cmb_17/wipo_ip_cmb_17_8.pdf

First and second medical uses When compound A has been known, you invent the use of it for treating prostate cancer. Claim it as – “A drug comprising compound A.” or “A …

Of Molecules & Medicine: Helping You Deduce First and Second …

https://www.hlk-ip.com/news-and-insights/of-molecules-medicine-helping-you-deduce-first-and-second-medical-use/

A first medical use claim protects that substance for use in treatment or diagnosis in medicine generally, and therefore provides protection for use of that …

First medical use claims in European patent applications

https://www.novagraaf.com/en/insights/first-medical-use-claims-european-patent-applications

Article 54 (4) of the European Patent Convention (EPC), dealing with first medical use claims, provides that it is possible to claim a known substance or …

First and second medical use claims - taylorwessing.com

https://www.taylorwessing.com/synapse/ip-medical-use-claims.html

For all claims dating from December 13 2007 and after 1, the European Patent Convention 2000 (EPC) has sanctioned the use of the claim form "X for use in treating Y" (a product …

Medical use claims in Asia Pacific Region | Gowling WLG

https://gowlingwlg.com/en/insights-resources/articles/2022/medical-use-claims-in-asia-pacific-region/

These guidelines clarify that MOT claims may be amended to first medical use claim (Europe-style) if a substance is known, but its pharmacological properties …

Patentability of Medical Methods in Europe | European …

https://www.finnegan.com/en/insights/blogs/european-ip-blog/patentability-of-medical-methods-in-Europe.html

Where a substance or composition is used for the first time in medicine, either because the product itself is new, or because it has only been used before in non …

First and Second Medical Use - Szellemi Tulajdon Nemzeti …

https://www.sztnh.gov.hu/hirek/kapcsolodo/epo/S_Fanni_First_and_Second_Medical_Use.pdf

first medical use claim limited by medical purpose “Compound X for use in the treatment of disease Y” (Article 54(5) EPC) second and further medical use claim limited by …

Getting the Most from Medical-Use Claims in Australia | Azami

https://azamiglobal.com/getting-the-most-from-medical-use-claims-in-australia/

Method of treatment claims. Australia is one of the few jurisdictions that allows claims directed to “first medical use” as well as “second medical use” claims. …

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