Second Medical Use Format Epo

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

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

Where a substance or composition is already known to have been used in a "first medical use", it may still be patentable under Art. 54 (5) for any second or further use in a method according to Art. 53 (c), provided that said use is novel and inventive. Art. 54 (4) and (5) thus provide for an exception from the general principle that product ...

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

European Patent Convention - This area contains legal texts from the EPO, including the European Patent Convention, Ancillary regulations to the EPC, National law relating to …

G‑VI, 7.1.2 Therapeutic uses pursuant to Art. 54 (5 ... - EPO

https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_1_2.htm

The presence of the term "for use" is mandatory, to closely adhere to the wording of Art. 54 (5). If the independent claim is directed to a composition, the definition of the composition …

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 …

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

It is established case law of the boards of appeal for a medical use claim to fulfil the requirements of Art. 83 EPC, unless this is already known to the skilled person at 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

In 2010 the EPO Enlarged Board of Appeal, in its landmark G 2/08 decision, abolished the practice of Swiss-type claims and adopted the ‘purpose-related product …

G‑VI, 7.2 Second non-medical use - Guidelines for …

https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_2.htm

Second non-medical use. A claim to the use of a known compound for a particular purpose (second non-medical use) which is based on a technical effect is interpreted as …

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 …

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

A suitable formulation may read: In the following example, the dependent claim is not correctly formulated according to Art. 54 (5). Claim 1: Composition comprising X for use …