First Medical Use Patent Claims

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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

Art. 54(4) and Art. 54 (5) thus provide for an exception from the general principle that product claims can only be obtained for novel products. However, this does not mean that product claims for the first and further medical uses need not fulfil all other …

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 …

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 drug …

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 …

Clarifying the patentability of medical use inventions in …

https://www.lexology.com/library/detail.aspx?g=0bd9857f-3a77-4256-992f-d4aa9d445952

According to EPO Examination Guidelines, the first medical use patent should be written in the following form as a product claim: “substance or composition X …

‘Importance of second medical use …

https://patentblog.kluweriplaw.com/2021/05/22/importance-of-second-medical-use-protection-is-growing/

Patent protection for the first medical use and the second medical use covers different situations. In my view, they are equally important from a scientific and …

Medical use claims in Asia Pacific Region | Gowling WLG

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

Medical claims, such as method of treatment claims, method of diagnosis claims, first medical use claims and second medical use claims (in any of the above …

List of patent claim types - Wikipedia

https://en.wikipedia.org/wiki/List_of_patent_claim_types

In Europe, a Swiss-type claim or "Swiss type of use claim" is a formerly used claim format intended to cover the first, second or subsequent medical use (or indication of efficacy) …

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

A second medical use claim of either the Swiss form or the EPC form is infringed when the chemical entity is being used ‘for’ the patented indication (ie, when …

First and Second Medical Use - Szellemi Tulajdon Nemzeti …

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

Peculiarity of pharmaceutical inventions - uses In non medical patent language: ... construed as claims directed to a first medical use (for use in medicine) 21‐10‐2014 5 …

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