Second medical use not limited to therapeutic indications
July 21, 2025
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).