Home > Insights > boult.bites Biotech – Summer 2014

Authors: Joanna Peak , Naomi Stevens and Jennifer O’Farrell
13 June, 2014

In Europe, methods of treatment are not patentable per se. However, European patent law permits claims directed to therapeutic uses of known substances or compositions, including second or further medical uses of known pharmaceutical compounds. Under current EPO practice, second medical use claims are to be drafted as purpose-limited product claims according to the format: Substance X for use in the treatment of disease Y. However, prior to the entry into force of EPC2000, second medical uses could only be protected by Swiss-type claims of the format: Use of substance X in the manufacture of a medicament for the treatment of disease Y.

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Authors

joanna peak

Joanna Peak
Partner

Phone this number +44 (0)20 7430 7500

Email this address jpeak@boult.com

Verulam Gardens
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London
WC1X 8BT

Naomi Stevens

Naomi Stevens
Patent Attorney

Phone this number +44 (0)1223 883000

Email this address nstevens@boult.com

CPC4 Capital Park
Cambridge Road
Cambridge
CB21 5XE

Jennifer O'Farrell

Jennifer O’Farrell
Partner

Phone this number +44 (0)20 7430 7500

Email this address jo'farrell@boult.com

Verulam Gardens
70 Gray's Inn Road
London
WC1X 8BT