Second medical use not limited to therapeutic indications

The requirement underlying the “specific use” within the meaning of Article 54(5) EPC, as expressly concluded by the Enlarged Board in decision G 2/08, is to be interpreted only in contrast to the broad, general protection conferred by the first claimed medical use of a substance or composition. It is, in principle, not restricted to a particular therapeutic indication but may, contrary to EPO Examination Guidelines G-VI 6.1.2, encompass, for example, any oral administration (EPO BoA 20 Nov 2024, T 0295/22, Orally administered apremilast/AMGEN).