![]() ![]() Product X for use in the treatment of leukaemia* (even if case B is prior art, provided that such a claim is inventive over B and any other prior art) ![]() Product X for use in the treatment of cancer* (even if X is a known product, but its use in medicine is not known) Product according to claim 1 for use in the treatment of asthma Use of product X for the treatment of asthmaĢ. Likewise, it is acceptable to have a claim in the form "Substance X for use in the treatment of disease Y", provided that such a claim involves an inventive step over any prior art disclosing the use of X as a medicament. A claim in the form "Substance X for use as a medicament" is acceptable, even if X is a known substance, but its use in medicine is not known. However, this does not mean that product claims for the first and further medical uses need not fulfil all other requirements of patentability, especially that of inventive step (see T 128/82).Ī claim in the form "Use of substance or composition X for the treatment of disease Y." will be regarded as relating to a method for treatment explicitly excluded from patentability under Art. 53(c) and therefore will not be accepted. 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.Īrt. 54(4) and Art. 54(5) thus provide for an exception from the general principle that product claims can only be obtained for novel products. Where a substance or composition is already known, it may still be patentable under Art. 54(4) if the known substance or composition was not previously disclosed for use in a method referred to in Art. 53(c).
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