Epo Guidelines Second Medical Use

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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

Apr 11, 2022 · 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 …

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

https://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_c_7.htm

Nov 22, 2022 · European Patent Convention - This area contains legal texts from the EPO, including the European Patent Convention, Ancillary regulations to the EPC, National law …

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

Apr 11, 2022 · Products that may be claimed for a further medical use. The scope of protection of use-related product claims under Art. 54 (5) is limited to the substance or …

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

Nov 22, 2022 · According to T 1616/09, T 609/02 does not apply to compositions but only to second-medical-use-claims (see also T 1592/12, which also states that it is not sufficient …

Second medical uses at the EPO - Kilburn & Strode

https://www.kilburnstrode.com/knowledge/covid-19/patents-second-medical-use-cases-at-the-epo

May 28, 2020 · 1) Known drug/new disease. In order to claim a second or subsequent medical use at the European Patent Office, the following claim format should be used: …

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

Nov 20, 2020 · Since 2007, with a major revision of the European Patent Convention (EPC), Article 54(5) expressly allows second medical use claims. In 2010 the EPO Enlarged …

3.4. Functional features - Case Law of the Boards of …

https://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_a_3_4.htm

Nov 22, 2022 · The board in T 830/08 was concerned with the clarity of a claim directed to a second medical use. Such claims are considered clear only if the disease to be treated …

Protection and enforcement of second medical use claims

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

Jun 13, 2017 · The EPO generally accepts second medical use claims in the format ‘Compound X for use in the treatment of disease Y’. Other similar wordings are also …

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