Home > Insights > boult.bites Biotech – Summer 2014
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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