Second Medical Use Claims

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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 use claims cannot be used to protect a new medical use of any other type of product, for example a device (T2003/08, T773/10). However, such claims can specify that a substance or composition (e.g. a drug) is used in conjunction with a device, and its use in conjunction with the … See more

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

In cases where an applicant simultaneously discloses more than one "subsequent" therapeutic use, ...

‘Importance of second medical use protection is …

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

“Second Medical Uses describe the use of a medicament for a new indication for which it had not previously been authorized. Before a medicament (pharmaceutical or biologic) can …

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

Recently, new liability criteria for the infringement of second medical use claims have been developed in several landmark German court decisions, in particular …

PATENT CLAIM FORMAT AND TYPES OF …

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

Use indefinite article “a” or “an” when introducing an element for the first time Use definite article “the” or “said” when referring back to the introduced element Example CLAIM: 1. A …

Second medical uses at the EPO - Lexology

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

While in most claims the phrase “for use” is interpreted as “suitable for use”, second medical use claims represent an exception and are fully use-limited product …

Second and subsequent medical use patent claims

https://www.lexisnexis.co.uk/legal/guidance/second-subsequent-medical-use-patent-claims

Background to medical use claims. Second (and subsequent) medical use patent claims are specific to the pharmaceutical/biotechnology industry and are …

Protection and enforcement of second medical use claims - IAM

https://www.iam-media.com/article/protection-and-enforcement-of-second-medical-use-claims

Second medical use claims have become the second most important claim category – next to product claims – for therapeutics. Second medical use claims …

Medical use claims in Asia Pacific Region | Gowling WLG

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

Second or subsequent medical uses of a substance may only be claimed in the form of "Swiss-type" claims. However, "Swiss-type" claims are not restricted to …

Second Medical Use Claims - Kashish Intellectual Property Group

https://www.kashishworld.com/blog/second-medical-use-claims/

The second medical use patent may address the following concerns: The use of a known drug to treat a new disease (“Known drug/new disease”) In most patent claims, the …

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