19 February 2010

EPO Case Law Update G 2/08: Enlarged Board of Appeal Liberalises Law on Second Medical Use Claims - Dosage Regimes Patentable

EPO Case Law Update G 2/08: Enlarged Board of Appeal Liberalises Law on Second Medical Use Claims - Dosage Regimes Patentable

The EPO’s Enlarged Board of Appeal has just issued an important decision in case G 2/08 clarifying the law on second medical use claims.

The Enlarged Board has decided that, when it is already known to use a medicament to treat a particular illness, Article 54(5) of the European Patent Convention does not exclude from patentability this medicament for use in a different treatment of the same illness. This decision is expected to liberalise the law on second medical uses, as the Enlarged Board has confirmed that it is not necessary for the treatment to be directed to a different illness to confer novelty on the second medical use claim.

Related internet links

• EPO website EBA decisions